Kerala High Court Weekly Round-Up: September 9 – September 15, 2024

Kerala Public Service Commission v Dinesh K M, 2024 LiveLaw (Ker) 565

Case Title: P V Samuel v State of Kerala, 2024 LiveLaw (Ker) 566

Binod B. Kumar and Another v Guruvayur Devaswom and Others, 2024 LiveLaw (Ker) 567

Sreejith Mon v State of Kerala and Another, 2024 LiveLaw (Ker) 568

Egadwa Mercy Adamba v State of Kerala & Connected Case, 2024 LiveLaw (Ker) 569

V K Prakash v State of Kerala, 2024 LiveLaw (Ker) 570

Jaison and Others v A. G. Korah and Another, 2024 LiveLaw (Ker) 571

Sarath G Nair & Other Cases, 2024 LiveLaw (Ker) 572

Noora v Union of India, 2024 LiveLaw (Ker) 573

M/George & Sons v Union of India & Other Case, 2024 LiveLaw (Ker) 574

M. J. Sojan v State of Kerala and Another, 2024 LiveLaw (Ker) 575

Jaleel P v Union of India, 2024 LiveLaw (Ker) 576

M A Vaheed v K K Lathika And Other Cases, 2024 LiveLaw (Ker) 577

Fr. Joseph Kuzhinjalil v State of Kerala, 2024 LiveLaw (Ker) 578

Judgments/ Orders This Week

Public Service Commission Can't Demand Gazette Notification To Resolve Caste Name Discrepancy, Certificate From Revenue Sufficient: Kerala HC

Case Title: Kerala Public Service Commission v Dinesh K M

Citation: 2024 LiveLaw (Ker) 565

The Kerala High Court has held that the Public Service Commission cannot require an applicant to provide a gazette notification to address discrepancies in caste name, to prove that the applicant belongs to a community different from the one listed on their Secondary School Leaving Certificate.

Kerala High Court Declines To Quash Criminal Proceedings Against Man Booked For Uploading Allegedly Objectionable Video Against Nuns

Case Title: P V Samuel v State of Kerala

Citation: 2024 LiveLaw (Ker) 566

he Kerala High Court declined to quash criminal proceedings initiated against a man booked for allegedly publishing a video stating that nuns are the concubines of priests and bishops on YouTube and Facebook.

The prosecution alleged that the video was published on June 01, 2020, with the intent to hurt and insult the religious feelings of nuns. It is alleged that the petitioner indecently represented nuns and intentionally insulted Christian bishops and priests.

Notification For Recruitment Can Only Be For Actual And Anticipated Vacancies, Not Future Vacancy: Kerala High Court

Case Title: Binod B. Kumar and Another v Guruvayur Devaswom and Others

Citation: 2024 LiveLaw (Ker) 567

The Kerala High Court has held that a public authority, while calling for recruitment can only notify vacancies that are existing or anticipated, but not for future vacancies. The Court also added that an authority can resort to recruiting beyond the notified vacancies only in rare and emergent situations.

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Case Title: Sreejith Mon v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 568

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence.

[S.14A Foreigners Act] Foreigners Who Overstay After Expiry Of Documents Cannot Be Treated As Infiltrators: Kerala High Court

Case Title: Egadwa Mercy Adamba v State of Kerala & Connected Case

Citation: 2024 LiveLaw (Ker) 569

The Kerala High Court observed that foreign nationals who entered India with valid visas and passports and continued their stay after the expiry of these documents cannot be treated as infiltrators under Section 14A of the Foreigners Act. The Court thus quashed the proceedings initiated against four foreign nationals under Section 14 A of the Foreigners Act.

Kerala High Court Grants Anticipatory Bail To Film Director VK Prakash In Sexual Harassment Case But Permits Police To Interrogate Him

Case Title: V K Prakash v State of Kerala

Citation: 2024 LiveLaw (Ker) 570

The Kerala High Court today granted anticipatory bail to Film Director VK Prakash in connection with sexual abuse allegations made against him after the publication of the Justice Hema Committee Report.

Kerala HC Quashes Criminal Case Against Mathrubhumi TV Employees For Conducting Sting Operation; Says No Malafide Intention

Case Title: Jaison and Others v A. G. Korah and Another

Citation: 2024 LiveLaw (Ker) 571

The Kerala High Court has quashed criminal proceedings initiated against the reporter and other employees of Mathrubhumi TV News and Press in connection with a sting operation done by the channel. 

The Court held that the case can be quashed as there is no allegation that there was any personal malice or prejudice against the individual concerned.

Tourist Buses Not Allowed To Pick Up And Drop Off Passengers Like A Stage Carriage: Kerala High Court

Case Title: Sarath G Nair & Other Cases

Citation: 2024 LiveLaw (Ker) 572

The Kerala High Court held that tourist buses operating as contract carriages have a prior contract between the passenger or a group of passengers and the operator and they cannot pick up and drop off passengers enroute their journey when those passengers are not included in its prior contract.

Kerala HC Invokes 'Parens Patriae' Jurisdiction To Protect Vulnerable Minors, Allows Mother To Take Children To UAE Without Father's Consent

Case Title: Noora v Union of India 

Citation: 2024 LiveLaw (Ker) 573

The Kerala High Court has permitted a mother to take her minor children to UAE by invoking its parens patriae jurisdiction. The Court stated that constitutional courts can invoke parens patriae jurisdiction to protect the rights of vulnerable adults and minors. A petitioner mother has approached the Court seeking permission to take her children to the UAE to obtain permanent residency, as the children's father did not provide a no-objection certificate for their relocation.

Vehicle Owners Cannot Be Penalised For Glazing Windows With Plastic Film If They Conform To Stipulated Standards & Specifications: Kerala HC

Case Title: M/George & Sons v Union of India & Other Case

Citation: 2024 LiveLaw (Ker) 574

The Kerala High Court held that motor vehicles cannot be penalised for using Safety Glass or Safety Glazing including glazing with plastics in their windscreens or window glasses if they comply with stipulated standards and specifications.

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Case Title: M. J. Sojan v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 575

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. 

He was booked under Section 23(1) Prevention of Children from Sexual Offences Act (POCSO Act) for making comments against the children in '24 News' channel. 

The Court said that at the time of making of the comment, he did not know that it will be telecasted. It further observed that the police can consider whether to take case against the journalist, who recorded the statement and others in the channel, for telecasting it.

Kerala High Court Grants Bail To One PFI Member Accused In RSS Leader Sreenivasan's Murder, Denies Bail To Two Others

Case Title: Jaleel P v Union of India

Citation: 2024 LiveLaw (Ker) 576

The Kerala High Court has granted bail to one Shihab P, an alleged member of the Popular Front of India, accused for murder of RSS leader Sreenivasan at Melamuri Junction in Palakkad Town in Kerala on April 16, 2022.

The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. found no reasonable ground to believe that the accusations made against him are prima facie true. It thus held he is entitled to bail under Section 43 (D) of the Unlawful Activities (Prevention) Act, 1967.

[2015 Kerala Assembly Ruckus Case] High Court Quashes Criminal Proceedings Against Three Congress Legislators

Case Title: M A Vaheed v K K Lathika And Other Cases

Citation: 2024 LiveLaw (Ker) 577

The Kerala High Court has quashed proceedings against former Congress MLAs M A Vaheed, Dominic Presentation, K Sivadasan Nair in the 2015 Kerala Legislative Assembly Ruckus case.

Former LDF legislators K K Lathika and Jameela Prakasham filed complaints against the legislators for obstructing their movement inside the Assembly by using force and touching their bodies. The Magistrate had taken cognizance of the offences under Sections 341 (punishment for wrongful restraint), 354 (assault or criminal force to outrage a woman's modesty), and 34 (acts done with criminal intent) of the IPC.

Kerala High Court Declines To Quash Case Against Publisher, Chief Editor Of Newspaper For Disclosing Details Of Sexual Offence Victim

Case Title: Fr. Joseph Kuzhinjalil v State of Kerala

Citation: 2024 LiveLaw (Ker) 578

The Kerala High Court declined to quash proceedings under Section 228A of the IPC against the Printer and Publisher and Chief editor of Rashtra Deepika Publications, Kottayam for disclosing the details of a victim of a sexual offence.

Other Important Developments This Week

[False Promise To Marry] PIL In Kerala HC Says Section 69 BNS Regressive Towards Woman's Status, Discriminates Against LGBTQ Community

Case Title: Vimal Vijay v Union of India and Another 

Case No: WP(C) No: 31598/ 2024

A lawyer has filed a Public Interest Litigation before the Kerala High Court challenging the constitutionality of Section 69 of Bhaaratiya Nyaya Sanhita (BNS), which criminalises sexual intercourse by employing deceitful means, like false promise to marry.

Kerala High Court Temporarily Prohibits Elephant Transfers From Other States, Cites Large Number Of Deaths Due To Ill-Treatment In Captivity

Case Title: Walking Eye Foundation For Animal Advocacy 263/A v Union of India

Case Number: WP(C) NO. 27607 OF 2024

The Kerala High Court has passed an interim order restraining the State Government and Chief Wildlife Warden from permitting the transfer of elephants from other states to Kerala.

'Why Govt Was Inactive For 4 Years?' : Kerala High Court Directs State To Hand Over Unredacted Hema Committee Report To SIT

Case Number: WP(C) 29846/ 2024 and other matters

Case Name: Navas A @ Paichira Navas v State of Kerala and other matters

The Kerala High Court today directed the State government to hand over the unredacted version of Justice Hema Committee Report, which disclosed large scale sexual harassment in the Malayalam film industry, to the Special Investigating Team (SIT) to probe offences disclosed in the Report.

PoSH Act Doesn't Cover Sexual Harassment Of Women Seeking Jobs, Govt Should Consider Framing Laws With More Feminist Perspective: Kerala HC

Case Name: Navas A @ Paichira Navas v State of Kerala and other matters

Case Number: WP(C) 29846/ 2024 and other matters

The Kerala High Court today orally pointed lacunae in the PoSH Act 2013, stating that the legislation doesn't take within its purview sexual harassment faced by women seeking employment.

The law only applies to sexual harassment of women at the workplace, thus excluding informal situations where there is no clear employer-employee relationship.

Kerala HC Grants Interim Relief To Visually Challenged Student, Orders College To Return Original Certificates Pending Payment Of Bond Amount

Case Title: Nimmi Alphonsa Joseph v State of Kerala

Case Number: WP(C) NO. 30174 OF 2024

The Kerala High Court has granted interim relief to a visually disabled student belonging to the OBC category by ordering the Government Homeopathic Medical College to return her original certificates.

Plea In Kerala High Court Challenges Formation Of Justice Hema Committee, Questions State's Legislative Competence

Case Title: R. P. Remesan v State of Kerala and Others

Case No: WP(C) 32634/ 2024

A writ petition has been filed before the Kerala High Court challenging the formation of Justice K. Hema Committee by the government. The petitioner sought a declaration from the Court that the formation is unconstitutional and prevents any further action on that report. The petitioner further sought the Court to direct the State to form a committee on the terms n accordance with the Supreme Court decision in Vishaka and Others v State of Rajasthan (1997).

Actor Jayasoorya Moves Kerala High Court For Anticipatory Bail Amid Sexual Harassment Allegations

Case Title: Jayasoorya v State of Kerala

Case Number: Bail Appl. 7683/2024

Prominent Malayalam film actor Jayasroorya has approached the Kerala High Court seeking anticipatory bail in connection with sexual abuse allegations made against him after publication of the Justice Hema Committee Report.

Malayalam Cine Actor Baburaj Approaches High Court Seeking Anticipatory Bail In Rape Case

Case Title: Baburaj Jacob v State of Kerala and Another

Case No: BA 7594/ 2024

Malayalam movie actor Baburaj has moved an anticipatory bail application before the Kerala High Court in connection with a rape and sexual harassment case lodged against him at the Adimali police station in Idukki.

[Justice Hema Committee Report] Director Vinayan Moves Kerala HC Challenging Inclusion Of B Unnikrishnan As Member In Draft Policy Committee

Case Title: TG Vinay Kumar @ Vinayan v State of Kerala

Case No: WP(C) 32801/ 24

A plea has been moved by prominent South Indian Film Director Vinayan challenging the government order dated July 15, 2023, that appointed Director B Unnikrishnan, the secretary of the Film Employees Federation of Kerala (FEFKA) as a member of the committee for the formulation of policy related to cinema based on the Justice Hema Committee Report.

Kerala High Court Initiates Suo Moto Case After Two Police Officers Attack Lawyer Inside Alleppey Court, Mulls SOP For Police Conduct

Case Title: Suo Motu v State of Kerala

Case Number: WPC 32952/2024

The Kerala High Court has initiated a suo case to deal with instances of violence against members of the legal fraternity by the police. 

The suo moto case was initiated based on a letter submitted by the Kerala High Court Advocates' Association (KHCAA) to the Acting Chief Justice A Muhamed Mustaque seeking action against the police officers who attacked a lawyer within the premises of Ramankary Magistrate Court, Alappuzha (or Alleppey).

Kerala High Court Dismisses VD Satheesan's Plea Seeking CBI Probe Into KFON Project Over Allegations Of Corruption

Case Title: V D Satheesan M L A v State of Kerala & Ors

Case number: WPC No. 1479/2024

The Kerala High Court today dismissed the plea filed by Leader of the Opposition of the Kerala Legislative Assembly and MLA V D Satheeshan seeking a probe by the Central Investigating Agency (CBI) into the conception and execution of the Kerala Fibre Optic Network Project Ltd. (K-FON).

[Wayanad Landslides] 'Grievance Of Survivors Not Redressed Within Two Weeks Must Be Brought Before Us': Kerala High Court

Case Title: IN RE: PREVENTION AND MANAGEMENT OF NATURAL DISASTERS IN KERALA v STATE OF KERALA

Case Number: WP(C) 28509/ 2024 & Connected Cases

The Kerala High Court directed the Kerala State Disaster Management Authority (KSDMA) and Kerala State Legal Services Authority (KeLSA) to bring before the court, the unredressed grievances of survivors in the Wayanad landslides.

Kerala High Court Directs State To Take Custody Of All Vehicles Driven Dangerously During Onam Celebrations At Farook And Nehar College

Case Title: Suo Motu v Union of India Represented by the Secretary (Road, Transport and Highways)

Case No: WP(C) 25158/ 2024

Kerala High Court had directed the state to take custody of all vehicles which were used dangerously in the Onam show at Naher College in Kannur and Farook College in Kozhikode.

Kerala High Court Directs DLSA To Provide Assistance To Family Of 9-Yr-Old Hit-And-Run Victim To Get Accident Compensation

Case Title: Suo Motu v State of Kerala

Case No: WP(C) 32427/ 2024

The Kerala High Court directed the Kozhikode District Legal Service Authority (DLSA) to render all necessary assistance to the family of the minor child Drishana to help them submit claims to get victim compensation for being a road accident victim.