Kerala High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 259 - 273]

Nushath Koyamu v. Union of India & Ors, 2022 LiveLaw (Ker) 259

Sharafudheen V.T v. State of Kerala & Ors, 2022 LiveLaw (Ker) 260

Manager, KPM Higher Secondary School & Anr v. State of Kerala & Ors, 2022 LiveLaw (Ker) 261

Anzar v. Sreedeviyamma & Anr, 2022 LiveLaw (Ker) 262

Kerala State Board of International Human Rights Council v. State of Kerala, 2022 LiveLaw (Ker) 263

K.P. Sasikala & Anr. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 264

Suo Motu v. State of Kerala & Ors, 2022 LiveLaw (Ker) 265

Jaffer Khan v. State of Kerala & Ors, 2022 LiveLaw (Ker) 266

Ayshommabi AM @ Aysha Sulthana v Union Territory of Lakshadweep, 2022 LiveLaw (Ker) 267

K.M. Abdul Jaleel v. Thazhe Iravath Rabiya & Ors, 2022 LiveLaw (Ker) 268

S. Dhanalakshmi v. Sahal V.J & Anr, 2022 LiveLaw (Ker) 269

Swapna Prabha Suresh & Anr. v. Station House Officer & Anr, 2022 LiveLaw (Ker) 270

Anoop v State of Kerala & Ors, 2022 LiveLaw (Ker) 271

Antony v. V.K. Suresh & Ors, 2022 LiveLaw (Ker) 272

Dhruv Sai Kiran v. Union of India, 2022 LiveLaw (Ker) 273

Judgments This Week:

1. Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High Court

Case Title: Nushath Koyamu v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 259

The Court has recently ruled that failure to supply the documents which were relied upon by the detaining authority for arriving at the subjective satisfaction to pass the detention order affects the rights of the detenus under Article 22(5) of the Constitution of India, particularly when they were specifically requested for by them. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P, therefore, quashed the detention order observing that the non-supply of the documents had vitally affected the right of the detenus under Article 22(5).

2. Interfaith Marriage| Kerala High Court Dismisses Habeas Plea Moved By Husband Finding Wife Feared Ill-Treatment From His Parents

Case Title: Sharafudheen V.T v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 260

The Court recently dismissed a habeas corpus petition filed by a husband seeking the production of his wife in an interfaith marriage finding that the wife had grave apprehensions about her safety at the petitioner's residence. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran dismissed the petition filed by the husband contending that his wife has been illegally confined by her father.

3. Likely To Cause Serious Hardship To All Stakeholders: High Court Stays Recent Amendments To Kerala Education Rules For One Month

Case Title: Manager, KPM Higher Secondary School & Anr v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 261

The Court stayed the operation of the recent amendments to the Kerala Education Rules (KER) for one month as an interim relief in a plea that challenged certain provisions of the said amendment. Justice Raja Vijayaraghavan took the prima facie view that the petitioners had made out a good case on merits.

4. Amendment With Inconsistent Pleas Without Retracting Wilful Admission In Written Statement Permitted: Kerala High Court

Case Title: Anzar v. Sreedeviyamma & Anr.

Citation: 2022 LiveLaw (Ker) 262

The Court has recently ruled that an amendment application containing inconsistent pleas with that of the original written statement can be submitted without withdrawing wilful admission raised in the statement and that such applications were bound to be admissible. Justice A. Badharudeen thereby set aside the order of the lower court which had dismissed an amendment application finding it to be inconsistent with the petitioner's earlier stand in his written statement.

5. Actor Assault Case | Kerala High Court Dismisses Plea Challenging Appointment Of New Supervisor For SIT

Case Title: Kerala State Board of International Human Rights Council v. State of Kerala

Citation: 2022 LiveLaw (Ker) 263

The High Court dismissed the petition challenging the transfer of ADGP S. Sreejith from the post of Crime Branch chief and the supervising officer of the 2017 actor sexual assault case. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed the petition noting that the Court cannot interfere in the State's policy matters after the State submitted a report containing the transfer order and information on the new investigation team as directed.

6. Kerala High Court Quashes Proceedings Against K.P Sasikala, SJR Kumar In Sabarimala Violence Case

Case Title: K.P. Sasikala & Anr. v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 264

The High Court recently dropped all charges against Hindu Aikya Vedi leader K. P. Sasikala and General Convenor of Sabarimala Karma Samithi SJR Kumar for purportedly triggering a dawn-to-dusk hartal in the State to protest the entry of women into Sabarimala temple in 2018. The said hartal had resulted in large-scale vandalism against which a PIL was moved before this Court to fix liability for the damages caused. Justice Ziyad Rahman quashed the final report filed against the petitioners finding that the allegations were not properly substantiated by the prosecution.

7. Use Of High-Power Audio Systems, DJ LED Lights, Multi-Toned Horns In Motor Vehicles Not Legally Permissible: Kerala High Court

Case Title: Suo Motu v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 265

The Court has recently held that the use of high-power audio systems with multiple boosters, power amplifiers, speakers and sub-woofers producing loud noise is legally impermissible in motor vehicles. A Division Bench of Justice Anil K Narendran and Justice P G Ajithkumar added that loud sound produced by such audio systems with a rating of several thousand watts PMPO (Peak Music Power Output) will not only impair the hearing of the driver and the passengers but also cause a distraction to other drivers and road users.

8. State Police Complaints Authority: Kerala High Court Directs Govt To Expeditiously Appoint Independent Chief Investigating Officer

Case Title: Jaffer Khan v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 266

The Court has directed the State Government to finalise the appointment of an independent Chief Investigating Officer in the State Police Complaints Authority (SPCA) within 60 days from April 2022. A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly decided so after the State submitted an affidavit seeking 60 days' time in total to scrutinize the applications, shortlist the candidates, fix the date of interview, conduct the interview, verify the documents and for the final appointment.

9. Kerala High Court Stays Sedition Proceedings Against Filmmaker Aisha Sultana For 3 Months

Case Title: Ayshommabi AM @ Aysha Sulthana v Union Territory of Lakshadweep

Citation: 2022 LiveLaw (Ker) 267

The Court granted interim relief to filmmaker Aisha Sultana by staying the sedition proceedings pending against her arising from the FIR registered in 2021 by the Lakshadweep Police for a period of 3 months. Justice Ziyad Rahman A.A passed the interim order in a plea moved by the filmmaker seeking to quash all proceedings under Section 124A of IPC based on the recent order of the Supreme Court staying all investigations and trials in sedition cases.

10. CPC | Commission For Local Investigation Can't Be Set Up To Ascertain Issues Irrelevant To Dispute: Kerala High Court

Case Title: K.M. Abdul Jaleel v. Thazhe Iravath Rabiya & Ors.

Citation: 2022 LiveLaw (Ker) 268

The Court has ruled that a commission for local inspection can only be set up by a court to ascertain matters which are necessary to elucidate the issues involved in the dispute and not on a mere asking by one of the litigating parties. Justice A. Badharudeen added that the appointment of a commission to ascertain issues irrelevant to the dispute is an abuse of the process of court with intent to protract the matter and that such practices should be well curtailed.

11. Jurisdiction To Be Tried As Preliminary Issue If Raised, Finding At Final Stage Will Cause Undue Hardship To Parties: Kerala High Court

Case Title: S. Dhanalakshmi v. Sahal V.J & Anr.

Citation: 2022 LiveLaw (Ker) 269

The High Court has recently held that where a defendant raises the question of jurisdiction and an issue is framed in the suit regarding jurisdiction, for the convenience of the parties, the same should be tried as a preliminary issue. Justice A. Badharudeen added that the finding regarding jurisdiction at the final stage would only cause undue hardship to the parties.

12. Kerala High Court Closes Pre-Arrest Bail Plea Moved By Swapna Suresh, Sarith Raising Allegations Against CM

Case Title: Swapna Prabha Suresh & Anr. v. Station House Officer & Anr.

Citation: 2022 LiveLaw (Ker) 270

The Court closed the pre-arrest bail plea moved by Swapna Suresh and Sarith P.S in a case registered against Suresh for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government. Justice Viju Abraham closed the plea after recording the Public Prosecutor's submission that the second petitioner (Sarith) was not even implicated in the crime and that an anticipatory bail plea was therefore not maintainable. The Judge also observed that the offences alleged in the FIR registered against Suresh under Section 153 (provocation with the intention to cause riot) and 120B (criminal conspiracy) of IPC were both bailable offences.

Also Read: Swapna Suresh Moves Kerala High Court For Pre-Arrest Bail In Conspiracy Case, Raises Grave Allegations Against Chief Minister

13. Teens Engage In Sex Unmindful Of Drastic Consequences Under POCSO Act: Kerala High Court Calls For Awareness In Schools

Case Title: Anoop v State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 271

The Court expressed its concerns over adolescents being unaware of the consequences of having sexual relationships with each other, even if they are consensual, under the Protection of Children from Sexual Offences (POCSO) Act and the amended Section 376 of IPC. Justice Bechu Kurian Thomas was adjudicating upon a bail application when he commented on the alarming rise in the number of sexual offences being committed against school children, most of them being cases where teenagers indulged in sexual relationships, oblivious to the severe consequences under the POCSO Act.

14. Motor Accident | Claimant Compensated By His Insurer Not Entitled To Compensation For Same Damages From Offending Vehicle's Insurer: Kerala High Court

Case Title: Antony v. V.K. Suresh & Ors.

Citation: 2022 LiveLaw (Ker) 272

The Court has recently established that a claimant who was compensated by his own insurer is not entitled to get any compensation again for the very same damages from the owner or insurer of the offending vehicle in cases of motor accidents. Justice A. Badharudeen held so after finding that the Apex Court had held that the law of insurance recognises an equitable corollary of the principle of indemnity; when the insurer had indemnified the insured, the rights and remedies of the insured against the wrongdoer stand transferred to the insurer.

15. Children Are Not Toys At Administrators' Mercy, Revising Kendriya Vidyalaya Guidelines After Commencement Of Admission Process Arbitrary: Kerala HC

Case Title: Dhruv Sai Kiran v. Union of India

Citation: 2022 LiveLaw (Ker) 273

The Court ruled that the decision taken by the Kendriya Vidyalaya Sangathan (KVS) to revise and alter the admission guidelines for Kendriya Vidyalayas after the admission process had already started, is arbitrary, unreasonable, irrational and not taken in public interest. Justice Raja Vijayaraghavan V. added that while the National Education Policy 2020 (NEP) may be laudable when adopting and implementing such policies, the State ought to have been careful not to trample upon the rights of minor children while striving to uphold the rights of others.

Other Developments

16. Steps Taken To Improve Productivity & Turnover: KSRTC Before Kerala High Court In Employees' Plea Alleging Delay In Salary Disbursement

Case Title: R. Baji v. Kerala State Road Transport Corporation Ltd.

The Kerala State Road Transport Corporation (KSRTC) has submitted a counter affidavit before the Court asserting that it has been contemplating new measures to increase its productivity and thereby generate more revenue, in a plea moved by the KSRTC employees alleging that they are not being paid salary promptly. In its counter-affidavit, KSRTC has submitted that it was undergoing an acute financial crisis and that at present it was not feasible to formulate any scheme for prompt payment of salary on the first week of every month due to scarcity of funds.

17. Memory Card In Actor Assault Case Allegedly Accessed Without Authorisation: Crime Branch Moves Kerala High Court Seeking Forensic Analysis

Case Title: State of Kerala v. XXX

The State has approached the Court challenging the order of the Ernakulam Additional Special Sessions Court rejecting the Crime Branch's petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination. The said memory card is a crucial piece of evidence in the ongoing trial in the 2017 case and has been marked as an exhibit before the trial court. During the examination of the memory card, the FSL experts noticed a change in the hash value of the card, which indicates unauthorised access. 

Also Read: Kerala High Court Holds Obituary Reference To Condole The Demise Of 6 Advocate

18. Kerala High Court Extends Interim Pre-Arrest Bail Granted To Actor-Producer Vijay Babu In Rape Case

Case Title: Vijay Babu v. State of Kerala & Anr.

The Court extended till Monday, the interim anticipatory bail granted to actor-producer Vijay Babu in the case where an actress accused him of sexually exploiting her. Justice Bechu Kurian Thomas extended the interim bail when he was informed that the DGP was indisposed and required time to appear in the case.