Page 3 - Kerala High Court

HC stays proceedings on BJP Kerala chief's discharge in poll bribery case

The Kerala High Court on Wednesday stayed further proceedings in connection with the discharge of BJP state president K Surendran and five others by a sessions court from the Manjeshwaram election bribery case. Justice K Babu admitted the criminal revenue petition moved against the sessions court's October 5 order by the state government. "Admit. Further proceedings stayed. Post on November 8," the High Court said. On October 5, Surendran and the others were discharged by Kasaragod Sessions Judge Sanu S Panicker. The sessions judge, allowing the discharge plea of the accused, had said that the first accused -- Surendran -- was discharged of the offences under various provisions of the IPC and the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act 1989. "Since the first accused is discharged of the alleged offences, I do not find any grounds to proceed against the other accused also. Hence, they are also discharged of all the alleged offences," the sessions court ha

HC orders SIT to investigate drug-alcohol abuse in Malayalam film industry

The Kerala High Court on Monday directed the SIT investigating the sexual abuse allegations in the Malayalam film industry to probe the widespread use of alcohol and drugs on film shooting sets and other related work places. A special division bench of Justices A K Jayasankaran Nambiar and C S Sudha, hearing the PIL regarding the Justice Hema Committee report and related matters, directed that necessary steps should be taken, as and when required in the future, to prevent the rampant use of alcohol and drugs at shooting locations and other connected work sites, and said this was in violation of law. The bench directed the Special Investigation Team (SIT) to investigate the matter and take necessary action as per law. The Justice Hema panel was constituted by the Kerala government after the 2017 actress assault case and its report revealing instances of harassment and exploitation of women in the Malayalam cinema industry. Following allegations of sexual harassment and exploitation

Actress assault: HC rejects plea for fresh probe into memory card case

The Kerala High Court on Monday dismissed a petition seeking a fresh probe into the alleged illegal access of a memory card, which is crucial evidence in the sensational actress assault case of 2017. The survivor in the assault case had approached the high court to set aside the fact-finding inquiry report submitted by the Ernakulam Sessions and District Judge on January 8, 2024, and to order a fresh investigation into the matter. The high court ruled that the plea was not maintainable. However, the court stated that the complainant could seek appropriate legal proceedings in accordance with the law. In her plea, the survivor had claimed that a mere reading of the inquiry report with regard to the illegal access of the devices indicates that the authority carrying out the probe "never conducted a fair, free and complete" investigation as directed by the High Court. The survivor had contended that the report is liable to be quashed and urged that a fresh probe be carried out by a .

Police intensify search for rape accused Malayalam actor Sidhique

With the whereabouts unknown of Malayalam actor Sidhique, who was denied anticipatory bail by the Kerala High Court in a rape case, the police have intensified their search for him by publishing a lookout notice in newspapers seeking information about him. The lookout notice in the newspapers states that 65-year-old Sidhique is an accused in a rape-cum-criminal intimidation case and anyone with information about him should contact the Commissioner of Police of Thiruvananthapuram city or the Deputy Inspector General of Police, Thiruvananthapuram Range. Besides them, the Assistant Commissioner of Police, Narcotic cell, Thiruvananthapuram or the Museum police station can also be contacted, the notice said. The notice, which carries a photo of the actor, also contains his physical description -- 5.7 feet tall and well-built. Sidhique has moved the Supreme Court seeking anticipatory bail in the rape case after the Kerala High Court on Tuesday ( September 24), had denied him relief. Th

Only 13% of high court judges declare assets, Kerala leads disclosure rates

Out of 749 judges serving across 25 High Courts nationwide, only 98 have made their asset declarations publicly available on their respective High Court websites

Judgement reserved on Raja's plea against order cancelling election as MLA

The Supreme Court on Thursday reserved its judgement on a plea filed by CPI(M) leader A Raja challenging the order of the Kerala High Court which set aside his election from Devikulam Assembly seat in Idukki district. Congress leader D Kumar, who was the runner-up in the 2021 Assembly polls, has alleged that Raja was not qualified to contest the Devikulam seat reserved for the Scheduled Caste (SC) community. A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih heard submissions from senior advocates V Giri and Narender Hooda appearing for Raja and Kumar respectively. The top court was hearing a plea filed by Raja against the March 20, 2023 order of the Kerala High Court. The high court had passed the order on an election petition filed by Congress leader D Kumar, who was the runner-up in the 2021 Assembly polls, alleging that Raja was not qualified to contest the Devikulam seat reserved for the Scheduled Caste (SC) community. Raja, opposing the

Watching, storing child pornography offence under Pocso Act: Supreme Court

The Supreme Court also recommended a shift in terminology from 'child pornography' to 'child sexually abusive and exploitative material'

HC to form special bench to hear matters related to Hema Committee report

The Kerala High Court on Thursday said it will constitute a five-judge special bench to hear cases related to the Justice Hema Committee report. A bench of Acting Chief Justice A Muhamed Mustaque and Justice S Manu made this oral observation while hearing a plea challenging a single judge's decision allowing release of the committee's report. The special bench would also comprise women judges, the High Court said in its oral observation, a lawyer associated with the petition said. The single judge on August 13 had allowed release of the report by dismissing a plea challenging the State Information Commission's order permitting the panel's findings and recommendations to be made public. The single judge order came while rejecting the plea by Sajimon Parayil, a film producer, who had challenged the Information Commission's July 5 order directing the State Public Information Officer (SPIO) to reasonably disseminate the information in the report while ensuring that it does not compromi

Wayanad landslides instance of nature reacting to human greed: Kerala HC

The landslides that hit Wayanad district in Kerala claiming over 200 lives was just another instance of nature reacting to human "apathy and greed", the High Court here has said. The court said that the "warning signs" had appeared a long time ago but "we chose to ignore them in pursuit of a development agenda that would supposedly put our state on the high road to economic prosperity". It said that the natural disasters in 2018 and 2019, the pandemic that persisted for nearly two years and the recent landslides "have shown us the error of our ways". "If we do not mend our ways and take affirmative remedial action now, perhaps it will be too late," a bench of justices A K Jayasankaran Nambiar and Syam Kumar V M said while hearing a plea initiated on its own by the court following the July 30 landslides that completely wiped away three villages in Wayanad with 119 people still unaccounted for. The court suo motu initiated the PIL "to persuade the state government to introspect on it

Legal system reform: Kerala HC's '24x7 ON Court' an important early step

We may hope for deeper process transformation over many years through the journey of political economy, consultation, and scientific research

LS Speaker contest: Om Birla's opponent once saw his election declared void

Kodikunnil Suresh, the opposition's pick for the Lok Sabha speaker who will go up against the BJP's Om Birla, is a Congress veteran, an eight-term MP and one whose election in 2009 was declared invalid by the Kerala High Court before being restored by the Supreme Court. Birla is seeking his second term as the speaker of the Lower House of Parliament. Suresh, 66, won from the Mavelikkara (SC) constituency in Kerala with a margin of just 10,000 votes. His first name is derived from Kodikunnil, in Thiruvananthapuram, where he was born on June 4, 1962. Suresh was first elected to the Lok Sabha in 1989 and then again in the 1991, 1996 and 1999 elections. He lost the polls in 1998 and 2004. In 2009, he won again but his victory was challenged by his nearest rival who alleged that Suresh, then a five-time MP, produced a fake caste certificate and that he was a Christian. The Kerala High Court had declared his election invalid but the decision was later overturned by the Supreme ...

Kerala HC upholds employee's right to freedom of speech on WhatsApp

An employee challenged his suspension and disciplinary punishment for sharing safety concerns in a private WhatsApp group

If depositors money not returned, people will lose trust in coop banks: HC

The Kerala High Court has said that unless the authorities take steps to ensure depositors' request for return of their money is honoured, people's trust in the cooperative banking sector would be "seriously diminished". Justice Devan Ramachandran said that people losing faith in the cooperative banking sector would "prejudice" the state deeply, "particularly when the present fiscal situation is not as satisfactory as it ought to have been". "... the return of fixed deposits by the cooperative banks is the sine qua non of a healthy financial scenario; and violations of it would certainly create unrest in the minds of persons and would impede them from relying upon such banks in future," the court said in its order of June 13. The observations by the court came while hearing a batch of petitions by depositors seeking return of their money in various cooperative banks in the state. The court, during the proceedings, noted that since the last hearing on May 21, there has not been enou

No illegal religious places be permitted on govt land, says Kerala HC

The Kerala High Court has directed that no illegal religious places should be permitted on government land, irrespective of the religion. The High Court said that God is "omnipotent" and is everywhere, including in the bodies of believers, their homes and wherever they go. "Therefore, the believers need not encroach upon government land to construct religious structures. Let it be distributed to landless people and used for mankind. God will be more happy in such a situation and will shower blessings on all believers," Justice P V Kunhikrishnan said. The direction and observations by the court came on a plea by the Plantation Corporation of Kerala Ltd seeking directions to the state government, police and Pathanamthitta district authorities to identify the properties leased to it and evict all the encroachers from there. Allowing the Corporation's plea, the court directed the authorities to identify the properties leased to it and "evict all encroachers including illegal religious

Roadside trees not to be cut in favour of commerce: Kerala HC to govt

The Kerala High Court has directed the state government to ensure no trees on roadsides are felled merely because they obstruct commercial activities. The High Court said that trees can be cut and removed only if they are in damaged condition and as a result pose a danger to public safety. A decision regarding that should be taken by a committee constituted in accordance with a 2010 government order regulating the felling and disposal of trees growing on government lands, Justice P V Kunhikrishnan said. "Without such a decision, no trees on the roadside of the State shall be cut and removed by any authorities. The Chief Secretary of the State shall issue necessary orders to that effect. "...the State of Kerala should see that no request to cut and remove trees on the roadsides of the State can be permitted without sufficient reasons. Trees give cool shades, pure oxygen and shelter to birds and animals," the court said in its order of May 22. The court's ruling came while dismissin

HC upholds validity of extending assessment orders' time limit during Covid

The court observed that the government is empowered to extend the limitation period for taking actions that could not be completed or complied with due to force majeure

SC recommends names of 6 lawyers for appointment as judges of Kerala HC

The Supreme Court Collegium headed by Chief Justice D Y Chandrachud on Tuesday recommended to the Centre the names of six advocates for appointment as judges of the Kerala High Court. The Collegium, also comprising Justices Sanjiv Khanna and B R Gavai, also recommended that judicial officer Mohammad Yousuf Wani be appointed as an additional judge of the High Court of Jammu & Kashmir and Ladakh. "In view of the above, the Collegium resolves to recommend that Abdul Hakhim Mullappally Abdul Aziz, Syam Kumar Vadakke Mudavakkat, Harisankar Vijayan Menon, Manu Sreedharan Nair, Easwaran Subramani and Manoj Pulamby Madhavan, advocates, be appointed as judges of the High Court of Kerala. Their inter se seniority be fixed as per the existing practice," said one of the Collegium resolutions uploaded on the apex court website. Regarding one of the recommended names, it said, "The report of the government notes that nothing adverse has come to notice regarding the integrity of the candidate. ..

Kerala court rejects corruption complaint against CM over sand mining

A Kerala court has rejected a complaint alleging corruption by Chief Minister Pinarayi Vijayan and various officials back in 2019 in connection with a government order permitting removal of sand from the Thottappally coastal area in Alappuzha district. Enquiry Commissioner and Special Judge, Kottayam, M Manoj dismissed the complaint saying that prima facie none of the offences, under the Prevention of Corruption Act and the IPC, as alleged against the CM and others in the complaint were disclosed. "The averments in the complaint do not disclose any offence under the Prevention of Corruption Act, 1988 or under any other law. "The complicity of the respondents in any of the alleged offences are not prima facie made out and disclosed as per the averments in the complaint." the judge said in his order dated February 7. The complaint was moved by the President of the Karimanal Khanana Virudha Ekopana Samithi alleging that atomic mineral sand extracted from Thottappally coastal area in t

Centre notifies elevations of several judges of HCs as permanent judges

The Centre government, through the Ministry of Law and Justice has elevated several judges of Calcutta High Court, Kerala High Court, Jharkhand High Court and Punjab & Haryana High Court from additional judges to permanent judges.On January 30, the government issued separate notifications for each judge.According to the notifications, Justice Pradeep Kumar Srivastava, Additional Judge of the High Court of Jharkhand, will be appointed a Judge of that High Court.Justice Shoba Annamma Eapen, Additional Judge of the Kerala High Court appointed to be a Judge of that High CourtJustice Lapita Banerji, Additional Judge of the Punjab and Haryana High Court appointed as a Judge of the Punjab and Haryana High Court against a vacancy of permanent Judge of the Calcutta High Court, with effect from the date she assumes charge of her office, as stated in the notification.Justice Shampa Dutt (Paul) and Justice Raja Basu Chowdhury, Justice Ananya Bandyopadhyay and Justice Rai Chattopadhyay, ...

ED summons former Kerala minister Thomas Isaac in KIIFB masala bonds case

The Enforcement Directorate has summoned senior Kerala CPI(M) leader Thomas Isaac for questioning in a FEMA case linked to probe into the alleged violations in the financial dealings of KIIFB during his tenure as the finance minister in the previous LDF government, official sources said Sunday. The 71-year-old politician has been asked to depose at the agency office in Kochi on January 12, they said. The central agency in December had informed the Kerala High Court that it has withdrawn the summons issued to Isaac. The submissions were made during hearing of a plea by Isaac and a KIIFB official alleging that only personal information was sought through the summons by ED and seeking quashing of the same. In view of the agency withdrawing the summons, the HC disposed of the petitions but at the same time, the court also said the ED was free to continue with its investigation in the matter. ED sources said the fresh summons to Isaac has been issued in light of the HC allowing the agen