Nominal Index [Citations: 2024LiveLaw (Ker) 183-200]Sudha V Mohan v The Authorized Officer, 2024 LiveLaw (Ker) 184Jomet and ors. v. State of Kerala and anr., 2024 LiveLaw (Ker) 185 Dr. Laxmy Rajmohan and ors. v. State of Kerala and ors., 2024 LiveLaw (Ker) 186Anilkumar V State Of Kerala, 2024 LiveLaw (Ker) 187N Prakash v P Jayarajan and Anr., 2024 LiveLaw (Ker) 188 Gware Margret Sebina v...
Nominal Index [Citations: 2024LiveLaw (Ker) 183-200]
Sudha V Mohan v The Authorized Officer, 2024 LiveLaw (Ker) 184
Jomet and ors. v. State of Kerala and anr., 2024 LiveLaw (Ker) 185
Dr. Laxmy Rajmohan and ors. v. State of Kerala and ors., 2024 LiveLaw (Ker) 186
Anilkumar V State Of Kerala, 2024 LiveLaw (Ker) 187
N Prakash v P Jayarajan and Anr., 2024 LiveLaw (Ker) 188
Gware Margret Sebina v Union Of India, 2024 LiveLaw (Ker) 189
XXX v Union of India, 2024 LiveLaw (Ker) 190
The Principal & Others v Dr. Ruwise E A & Others, 2024 LiveLaw (Ker) 191
MD. Kamirul Islam v CBI, 2024 LiveLaw (Ker) 192
Vineeth V V v Kerala State Electricity Board Ltd., 2024 LiveLaw (Ker) 193
Case Title: Muhammed C K Versus Assistant Commissioner Of Income Tax, 2024 LiveLaw (Ker) 194
Rajachandrasekharan @ Babu v. State of Kerala, 2024 LiveLaw (Ker) 195
Dr. Radhika Kapahtia v State of Kerala, 2024 LiveLaw (Ker) 196
Rajesh v. Sub-Divisional Magistrate, Fort Kochi and ors, 2024 LiveLaw (Ker) 197
PG Manu v. State of Kerala, 2024 LiveLaw (Ker) 198
Renjith Kumar V K v State Of Kerala, 2024 LiveLaw (Ker) 199
YYY v State of Kerala, 2024 LiveLaw (Ker) 200
Judgment/Orders This Week
Case title: The Manager v State of Kerala & Connected Case
Citation: 2024 LiveLaw (Ker) 183
The Kerala High Court stated that there was no break in service merely because the initial appointment was made in leave vacancy followed by an appointment in regular vacancy.
The dispute in the writ appeal was in connection with the appointment of a teacher (5th respondent) as headmistress in an aided school.
Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed the appeal filed by the Manager of the school and other teachers who were appointed as headmistress stated that the 5th respondent was eligible to be appointed as headmistress since she served without any break for 12 years even though her initial appointment was made in a leave vacancy.
Case title: Sudha V Mohan v The Authorized Officer
Citation: 2024 LiveLaw (Ker) 184
The Kerala High Court took a humanitarian approach by directing the bank officials to defer coercive proceedings against the petitioner's husband and his assets, who is now in a vegetative state.
The court has also directed the Sub Divisional Magistrate/Revenue Divisional Officer to decide to grant limited guardianship under Section 14 of the Rights of Persons with Disabilities Act, 2016 to the petitioner-wife for disposing of her husband's property for clearing his liabilities.
Justice N Nagaresh stated that a humanitarian approach has to be taken since the petitioner's husband is now in a comatose state under the care of his wife and children.
Prima Facie Offence Not Attracted: Kerala High Court Grants Anticipatory Bail To Two Accused In Kerala University Arts Festival Bribery Scandal
Case Title: Jomet and ors. v. State of Kerala and anr.
Case Citation: 2024 LiveLaw (Ker) 185
The Kerala High Court recently allowed the anticipatory bail application of the two accused in the cheating scandal at the Kerala University Arts Festival, stating that prima facie the offences alleged are not attracted against them.
“On an appreciation of the facts, the rival submissions made across the Bar, the materials placed on record and the findings rendered above, this Court is prima facie of the opinion that the offence attributed against the petitioners may not be attracted. Furthermore, I find that the petitioners' custodial interrogation is unnecessary,” observed Justice CS Dias while allowing the bail application.
Case Title: Dr. Laxmy Rajmohan and ors. v. State of Kerala and ors.
Case Citation: 2024 LiveLaw (Ker) 186
The Kerala High Court has dismissed the petition challenging clause 6 of the Kerala Medico-Legal Protocol for Examination of Survivors of Sexual Offences 2019 which mandates that gynaecologists be the sole specialists to conduct medical examination of survivors of sexual offence.
The court accepted the respondent's arguments and noted that the amendment applies to only one category of sexual assault survivors which is woman/child survivors of vaginal penetrative sexual assault.
"In the case of a woman or a girl, they're trying to give the best possible care" remarked Justice Devan Ramachandran orally.
Case title: Anilkumar V State Of Kerala
Citation: 2024 LiveLaw (Ker) 187
The Kerala High Court stated that a person cannot be convicted for an offence of house trespass if the 'property in question' was under his joint possession. It stated that the entry of the offender into a property which is in his joint possession cannot be termed unlawful and cannot be termed as criminal trespass.
The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath, partly allowed the appeal and acquitted the accused under Section 449 IPC and confirmed his murder conviction.
Case Title: N Prakash v P Jayarajan and Anr.
Citation: 2024 LiveLaw (Ker) 188
The Kerala High Court today disposed of a plea filed over allegedly "derogatory" Facebook post made by CPI(M) Leader P Jayarajan in relation to the proceedings emanating from an attack on the leader in 1999.
Upset with the manner in which his case was dealt with by the single judge, Jayarajan purportedly said people should react against such "worms" in the judiciary.
Justice Devan Ramachandran said it is for the Registrar General to take action and a judicial order need not be issued. “There can be little doubt that the Registrar General is vested with certain powers under the Contempt of Courts (High Court of Kerala) Rules, 1971 and this Court feels and finds no reason to believe that he would not exercise it as per law taking note of all relevant and germane aspects. In such perspective, I do not think that this court is to direct the Registrar General to act in a particular manner because it is up to him statutorily to take action as per the legislative scheme. In the afore circumstances, I close this writ petition, however, leaving full liberty to the petitioner to move before the Registrar General appropriately for which purpose all contentions are also left open.”
Case title: Gware Margret Sebina v Union Of India
Citation: 2024 LiveLaw (Ker) 189
The Kerala High Court has permitted a Kenyan woman, who is jailed pending trial in Women's Jail and Correction Home at Viyyur, to undergo medical termination of pregnancy.
Justice Devan Ramachandran relied upon the report submitted by a Medical Board to state that there was no difficulty in allowing medical termination of pregnancy when the pregnancy was only 14 weeks old and within the statutory limits prescribed under the Medical Termination of Pregnancy (MTP) Act.
Case title: XXX v Union of India
Citation: 2024 LiveLaw (Ker) 190
The Kerala High Court has held that a woman can claim a 'change of circumstances' for seeking medical termination of pregnancy during pending divorce proceedings.
The bench of Justice Devan Ramachandran reasoned that 'marital status' cannot be construed as merely de jure (a legal construction) in the context of the Medical Termination of Pregnancy Act and it has to be seen de facto since there may be situations where a woman, though married, may effectively be without any benefits of marriage.
Case title: The Principal & Others v Dr. Ruwise E A & Others
Citation: 2024 LiveLaw (Ker) 191
The Kerala High Court today set aside the interim order issued in favour of Dr Ruwais, accused of abetting the suicide of his girlfriend Dr Shahana by backing out of their marriage in demand of exorbitant dowry, which permitted him to re-join his post-graduate studies.
The Division Bench comprising Chief Justice A J Desai and Justice V G Arun set aside the interim order passed by the Single judge because the college authorities were not given sufficient time to produce documents and plead their case before the Court.
Bulk Possession Would Lead To Irresistible Conclusion Of Trafficking Counterfeit Currency Notes Punishable U/S 489B IPC: Kerala High Court
Case title: MD. Kamirul Islam v CBI
Citation: 2024 LiveLaw (Ker) 192
The Kerala High Court has held that possession of a bulk quantity of counterfeit currency notes without an explanation would only lead to an irresistible conclusion that the accused had an object of trafficking counterfeit currency notes and not merely using it.
“The appellants and their companion children were in possession of 139 notes of 1000 rupee and 168 notes of 500 rupee denominations. One among them was proved to have attempted to transact a 1000 rupee counterfeit note. The appellants came to Kerala and stayed in lodges and they are Hindi speaking persons. They did not offer any explanation for the possession of such a quantity of counterfeit currency notes. In such circumstances, the irresistible conclusion is that they carried and possessed the counterfeit currency notes with the object of transacting the same amounting to trafficking of counterfeit currency notes, and not merely possession with intent to use”, stated Justice P G Ajithkumar.
Case title: Vineeth V V v Kerala State Electricity Board Ltd.
Citation: 2024 LiveLaw (Ker) 193
The Kerala High Court recently quashed an inquiry report issued under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and rules made thereunder against an Assistant Engineer who was working in the Kerala State Electricity Board (KSEB), citing violation of principles of natural justice.
Quashing the inquiry report, Justice Basant Balaji stated thus: “The entire proceedings shall be completed in accordance with law strictly following the principles of natural justice and Rule 7 of the POSH Rules after giving the petitioner an opportunity of hearing as well, within a period of two months from the date of receipt of a copy of this judgment.”
Procedure U/S 148A Need Not Be Complied With Before Issuing Reassessment Notices: Kerala High Court
Case Title: Muhammed C K Versus Assistant Commissioner Of Income Tax
Citation: 2024 LiveLaw (Ker) 194
The Kerala High Court has held that the procedure contemplated by the provisions of Section 148A of the Income Tax Act, 1961, need not be complied with before issuing notices under Section 148 of the Income Tax Act, 1961.
The bench of Justice Gopinath P. has observed that when an item or cash, as in this case, is produced before a Criminal Court, then it is not open to the Income Tax Department to issue a notice under Section 132A of the Income Tax Act, 1961 Act, to the Court in question. Once the item is produced before the Court in connection with any criminal case registered by the Police or any other law enforcement agency, an application for release of the same or for giving custody of the same to the Income Tax Department can only be in accordance with the provisions of the Code of Criminal Procedure and specifically Section 451 Cr.P.C. It does not take away from the fact that the department initiated proceedings under Section 132A of the Income Tax Act, 1961, to requisition the amount from the station house officer.
Case Title: Rajachandrasekharan @ Babu v. State of Kerala
Case Citation: 2024 LiveLaw (Ker) 195
The Kerala High Court has held that the presumption under Section 8 of the SC/ST Prevention of Atrocities Act regarding knowledge of accused about victim's caste or tribal identity is applicable, if the victim is the wife of the accused.
Section 8(c) says there is a presumption that the accused would be aware of the victim's caste or tribal identity if they were previously acquainted with the victim. “The victim herein is none other than the wife of the appellant...Hence, the presumption under Section 8 could very well be drawn” observed Justice AK Jayasankaran Nambiar and Justice Kauser Edappagath.
Case name: Dr. Radhika Kapahtia v State of Kerala
Citation: 2024 LiveLaw (Ker) 196
The Kerala High Court has held that ordinary quarrels in marital life without any overt act or instigation that would stimulate or prod the deceased to commit suicide would not attract an offence of abetment to suicide under Section 306 of the IPC.
Quashing the criminal proceedings against the wife, Justice Bechu Kurian Thomas stated that other than ordinary quarrels between the spouses, there was no instigation by the wife to commit suicide.
Case Title: Rajesh v. Sub-Divisional Magistrate, Fort Kochi and ors
Case Citation: 2024 LiveLaw (Ker) 197
The Kerala High Court has stated that a burial in a stranger's property without their express consent can be construed as an abandonment of that body and thereby, the Kerala Panchayat Raj (Burial of Unclaimed Corpses and Carcasses) Rules, 1996 can be invoked in such cases.
“In my opinion, by his refusal to remove the corpse even after it becoming evident that the body was buried in a stranger's property, the son had virtually abandoned the body of his mother, making it akin to an unclaimed corpse” observed Justice V G Arun
Kerala High Court Grants Bail To Former Government Pleader In Sexual Assault Case
Case Name: PG Manu v. State of Kerala
Case Citation: 2024 LiveLaw (Ker) 198
The Kerala High Court on Friday granted bail to PG Manu, a former senior government pleader who practiced before the High Court and who was arrested on allegations of subjecting a client to rape.
However, Justice Sophy Thomas pointed to the seriousness of the offence alleged and observed, "The fact that the petitioner was a senior government pleader of this Court and that he sexually exploited a hapless lady who approached him to settle a case which was registered at her instance is a serious hing to be taken note of. The petitioner who was in a position to dominate the will of the victim sexually exploited her and committed rape and sent obscene videos to her continuously.”
Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
Case title: Renjith Kumar V K v State Of Kerala
Citation: 2024 LiveLaw (Ker) 199
The Kerala High Court stated that the right to be enlarged on bail is an indefeasible part of the right to personal liberty under Article 21 of the Constitution and cannot be denied by imposing stringent or unreasonable conditions.
Justice Bechu Kurian Thomas stated that excessive bond amounts cannot be imposed for denying bail since bail bonds only intend to secure the presence of the accused before the court. It stated that the amount fixed in bail bonds does not determine the sufficiency of surety and does not depend on the amount involved in criminal cases.
Case title: YYY v State of Kerala
Citation: 2024 LiveLaw (Ker) 200
The Kerala High Court stated that an accused was not entitled to bail merely because the Trial Court failed to frame charges within a stipulated time. In the facts of the case, the High Court had dismissed the earlier bail application of the accused with a direction to the Trial Court to frame charges within one month and to dispose of the case within six months thereafter.
Justice Sophy Thomas stated that the accused was not entitled to bail since there were concurrent findings against him. It stated that the accused will have to face the trial as an under-trial prisoner due to the nature and gravity of the alleged offences against him.
Other Significant Developments This Week
Centre Notifies Appointment Of 6 Additional Judges In High Court Of Kerala
The Central Government has notified the appointment of six advocates as Additional Judges in the High Court of Kerala. The Supreme Court Collegium had recommended their names for appointment as Judges on 12 March 2024.
Kerala High Court Grants Interim Exemption To Mother From Payment Of IGST On Imported Medicine For Rare Disease
Case title: Amrutha S v Union of India
Case number: WP(C) NO. 6972 OF 2024
The Kerala High Court has issued an interim order exempting a mother from paying IGST on import of Risdiplam medicine for her three-year-old son who is suffering from a life-threatening rare disease called Spinal Muscular Atrophy (SMA).
Justice Gopinath P invoking the writ jurisdiction of the Court under Article 226 of the Constitution stated that the petitioner is qualified to get an exemption from tax payment since her application seeking tax exemption was pending before the Union Finance Minister.
The Kerala High Court issued guidelines for attending court proceedings through Video Conferencing (VC) called Standard Operating Procedure (SOP). This shall be in addition to the existing Electronic Video Linkage Rules for Courts (Kerala) 2021.
Case number: WP (C) No. 11329/ 2024
A lesbian couple, who were assigned female at birth have approached the Kerala High Court alleging that they were subjected to forced conversion therapy by their parents to change their sexual orientation.
The second petitioner alleged that her partner, the first petitioner was subjected to forceful and illegal treatments at Manohar Hospital, Kozhikode by injecting drugs and medicines against her will claiming that she is mentally disordered.
Case Title: WP(C) 11107/ 2024
Case Number: N Prakash Vs State Of Kerala
A plea has been moved before the Kerala High Court challenging the Kerala Lok Ayukta (Amendment) Act, 2022 insofar as it amends Section 14 of the principal Act. The Amendment was passed by the Kerala Legislative Assembly and the President gave assent to it on February 09, 2024.
The plea states that the newly substituted section 14 violates the doctrine of separation of powers by granting the executive authority with appellate powers and takes away the power of the Lok Ayukta.
The Division Bench comprising Chief Justice A J Desai and Justice V G Arun is hearing the matter and has directed the Advocate General to file a reply statement. The matter has been posted to June 06, 2024.
Case title: Suo Moto v. State of Kerala
Case number: WP(C) NO. 7844 OF 2023
The Kerala High Court has suo moto impleaded the Southern Railways authorities over the issue of prevention of waste dumping around railway tracks, in light of the Brahmapuram fire disaster.
The Special Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P along with other officials visited the Brahmapuram site on March 07, 2024, to evaluate the progress of waste treatment undertaken at Brahmapuram site.
It also stated that the Kochi Corporation must explore the possibilities of providing internal roads through the Brahmapuram site to enable the free movement of vehicles and fire engines.
Kerala High Court Stays Chancellor's Order Removing Calicut University VC
Case Title: Dr. MK Jayaraj v. The Chancellor, University of Calicut and ors.
Case Number: WP(C) No. 10520 of 2024
The Kerala High Court on Thursday stayed the order of Governor and Chancellor Arif Mohammed Khan removing MK Jayaraj as the Vice-Chancellor of the Calicut University. However, the court refused to interfere in the removal of MV Narayanan, Vice-Chancellor of the Sree Sankaracharya University of Sanskrit.
The court was hearing petitions challenging the Chancellor's order stating their appointments to be void ab initio due to the inclusion of the Chief Secretary in the search committee, which he considered to be violative of the UGC regulations.
The bench of Justice Mohammed Nias CP pointed out the relevant work history of the Chief Secretary and rejected the argument that the chief secretary cannot be construed as a person of eminence from the field of higher education. The court also noted that while regulations 7.3(i) mention academics, the same is absent in 7.3(ii) and as such, concluded that those individuals from the field of higher education need not necessarily be academics.