Nepotism Allegations: Kerala High Court Dismisses Director Lijeesh's Appeal Against Grant Of State Awards For Malayalam Films In 2022

The Kerala High Court on Wednesday dismissed the appeal moved by Malayalam Cine Director Lijeesh M.J. against the Single Judge's dismissal of his plea seeking to set aside the declaration of Kerala State Awards For Malayalam Films & Writings On Cinema 2022.

The Director of the Malayalam Movie, 'Aakaashathinu Thaazhe', Lijeesh, had filed the plea alleging that the declaration of the Awards was vitiated on account of bias and nepotism exercised by Ranjith, the Chairman of the Kerala State Chalachitra Academy.

Dismissing the plea as 'frivolous', the Single Judge Bench of Justice P.V. Kunhikrishnan had, on August 11, 2023, observed that the petitioner lacked evidence to prove their allegations of nepotism and bias, and added that the petition need not be entertained based on the hearsay evidence stated by the petitioner.

"...the allegation of bias and nepotism attributed against the 3rd respondent who is the Chairman of the Kerala State Chalachitra Academy are too vague and not specific. No supporting evidence is produced by the petitioner. In such circumstances, this Court is of the opinion that this writ petition need not be entertained. This is a writ petition filed based on hearsay evidence without any supporting material," the Court had stated while dismissing the plea.

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun today, while considering the appeal, observed the same to be devoid of merit and that the Single Judge had not committed any error in dismissing the plea. 

The Court noted that the film by the appellant Director had not even been suggested by the preliminary jury, and that there was no question of even considering the same. 

"Apart from these aspects, with regard to allegations of the appellant about canvassing, no material has been placed before the Single Judge and therefore, we are of the opinion that the Single Judge has committed no error in rejecting the petition," the Bench observed. 

The Court further noted that neither had the film's producer come forth raising similar claims as the appellant-director, nor had any affidavit in support of the appellant been filed by the members of the main jury.

The appeal was accordingly dismissed. 

The Case

The appellant's case was that following the declaration of the Awards on July 21, 2023, the Director of another Malayalam Movie, 'Pathonpatham Nottaandu', namely Vinayan, had raised an allegation that he was in possession of evidence which includes voice recordings of Jury Members of the State Awards indicating that the Chairman had illegally intervened in the decision-making of the Award declaration, thereby causing bias and nepotism. He thus submitted that he was otherwise entitled to the positions of excellence in the State Awards, had it not been for the alleged bias, and sought the declaration of the Awards to be set aside.

The appellant in the present appeal averred that the Single Judge had dismissed his plea "without adverting facts, circumstance, statute and binding precedent".

The appellant submitted that the Court ought to have admitted the specific allegations in the Writ petition against the Chairman of the Kerala State Chalachitra Academy, Ranjith, who had not specifically denied the specific allegations against him.

It was added that the Single Judge ought not to have dismissed the interlocutory application for impleading the Chief Secretary, Jury Member Jency Gregory, Vinayan, and the Chief Editor of Movie World Media, V.S. Haidar Ali, for amendment of cause title without giving reasons in support of the same.

The appellant further submitted that the Single Judge had dismissed the plea without even affording an opportunity to the said Vinayan and Ali by issuing notice to them.

It was on these grounds that the appellant sought the order of the Single Judge as well as the declaration of the Awards to be set aside, as well as to stay all further proceedings in the declaration of the Awards.

The appeal was moved through Advocates Prabhu K.N., Manumon A., Rebin Vincent Gralan, and Dinesh G. Warrier.

Case Title:  Lijeesh M.J. v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 405 

Case Number: W.A. 1446/ 2023