Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case

The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate at Amini island in Lakshadweep, asking him to explain why disciplinary proceedings should not be recommended against him for allegedly manipulating evidence of a witness in a 2015 case.

Justice P.V. Kunhikrishnan observed, 

"The main allegation against him is that, he manipulated the evidence of a witness. It is fundamental in criminal law that if a witness is examined before the Court, the deposition should be read over to the witness and he should sign the deposition then and there. The explanation of the Magistrate shows that PW7, the Investigating Officer in this case, after giving evidence, left the court premises without signing the deposition. Even if this is accepted, I am of the prima facie opinion that this is a clear case of dereliction of duty. If PW7 has committed that mistake, he is also responsible". 

In 2015, a case was registered against the petitioners stating that they had formed an unlawful assembly while protesting against those who had obtained tender for plucking coconut from government property. The allegation herein is that then CJM K.Cheriyakoya had fabricated the statement of the Investigation Officer who had been a witness to the incident.

Vide order dated November 17, 2022, the High Court had asked the Registrar (District Judiciary) to obtain a report from the Chief Judicial Magistrate Court, Amini, about the 'very serious' allegations. On perusal of the report on Monday, the Court was of the prima facie opinion that the explanation given by the CJM was not acceptable. 

The Court thus suo motu impleaded the former CJM, who is now working as Secretary of the District Legal Service Authority, as the additional 3rd respondent in the instant case, and directed the issuance of the show cause notice.

It added that no coercive steps ought to be taken against the petitioners for a period of one month. The Investigation Officer was also directed to appear before the Court on the next posting date, i.e. December 12, 2022. 

Case Title: Mohammed Nazar M.P. & Ors. v. Union Territory of Lakshadweep & Ors. 

Click Here To Read/Download The Order