Kerala High Court Acting Chief Justice A Muhamed Mustaque Completes 50K Case Disposals In His Judicial Career

Justice Mustaque was elevated as a judge of the Kerala High Court on January 23, 2014. He was appointed as the Acting Chief Justice of the Kerala High Court with effect from July 05, 2024.

Justice Mustaque enrolled as an advocate in the year 1989 and started his practice in civil courts in the Kannur district in Kerala. His Lordship shifted his practice to the High Court in the year 1996 and has expanded his career by working as a litigation lawyer, mediator and arbitrator.

Landmark Judgments

Justice Mustaque has authored several progressive and landmark judgments, in the fields of family law and women's rights. Recently, Justice Mustaque initiated suo moto case to prevent and manage natural disasters in the State, after the landslides in Wayanad. In A PIL for protecting the rights of women in the Malayalam film industry, His Lordship has directed the State government to make available entire Justice Hema Committee Report for taking actions and suo moto impleaded the Kerala State Women's Commission.

His notable judgements include:

1. Not to compel a woman to choose between her motherhood and employment. It was stated that woman cannot be discriminated for taking up family responsibilities.
2. Protecting the autonomy of Muslim women to wear Hijab. The fundamental right of women to wear choice of dress based on religion protected under Article 25 (1) of the Constitution.
3. Guidelines formulated to be followed by Family Court in a petition filed to endorse an extrajudicial divorce under Muslim Personal law.
4. Directions to Family Court to mask the name of adoptive parents while issuing certified copies of orders to protect privacy of parties.
5. Recognized the right of a Child born in live in relationship as a child born to a married couples.
6. Schools requiring government recognition cannot impart religious studies exclusively in preference to other religions. His Lordship stated that secularism is against the idea of exclusiveness over other religious and held that State must preserve secular ideals in a pluralistic society.
7. Rights of senior citizens to claim past maintenance from children.
8. Appointment of independent counsel to represent child in custody matters.
9. Marital rape was recognized as a valid ground for divorce. His Lordship stated that spouses in marriage are to be treated as equal partners and husband has no superior right over the wife.
10. Father legally bound to provide maintenance to child born out of inter faith marriage. An unmarried daughter from such marriage is entitled for reasonable marriage expenses.
11. Constituted a special team to enquire into corruption allegations against officials in Munnar land encroachment matters

Justice Mustaque has also played a significant role in promoting digitization to make justice delivery system more accessible to all. As Chairman of the IT Department at the High Court, His Lordship established the Directorate of IT, implemented automated e-filing systems, promoted paperless courts, mobile e Sewa Kendras, introduced video conferencing facilities and Vconsole. His Lordship has also played a significant role in launching the Chronicles newsletter and KHJ-Daily.

Recently, under the aegis of Justice Mustaque, several digital initiatives were inaugurated at the High Court- first Digital Court for Negotiable Instruments Act Cases in Kollam, the Model Digital Court Room concept, Digital Library and Research Centre, the announcement of Digital District Courts etc.

Justice Mustaque who was the President of the Kerala State Mediation and Conciliation Centre (KSMCC) has strenuously worked to include med-arb as a dispute resolution method for efficient and affordable justice delivery for all. During the inaugural function of the Arbitration Centre at the High Court, his Lordship stated that efforts should be taken to resolve private matters using other dispute resolution methods so that Courts can look at matters involving larger public interests. Under His Lordship's guidance, the KSMCC launched NIRNAYA Scheme, a private mediation process for the resolution of disputes outside the convoluted court procedure.

Justice Mustaque as the Executive Chairman of the Kerala Legal Services Authority (KeLSA), played a pivotal role in launching various initiatives for providing legal services to the marginalized communities. Under His Lordship's guidance, the KeLSA launched initiatives like the Child Legal Assistance Program (CLAP), Project SAMVADA, the Victim Rights Centre (VRC), Gothra Vardhan: Empowering Tribal Communities, Nodal Initiative for Legal Assistance and Assurance for the Vulnerable (NILAAV), Nyaya Praveshika: Educating Future Legal Professionals.