Kerala High Court Weekly Round Up: March 14 To March 20, 2022

Judgments This Week:

1. Passport Cannot Be Denied To Child On Sole Ground That One Parent Is Non-Indian Citizen : Kerala High Court

Case Title: Chaitanya S. Nair (minor) v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 127

The Court recently ruled that even if one of the parents of a minor child refused to give consent, the passport issuing authority is entitled to issue a passport to the minor, provided the requisite form is submitted.

While allowing the petition of a minor girl, Justice Bechu Kurian Thomas also observed that there is no legal prohibition in incorporating a non-citizen as the legal guardian in the passport of a minor child. 

2. Film Production Units Have To Form ICC Under POSH Act : Kerala High Court Orders In WCC's Plea

Case Title: Women in Cinema Collective & Anr v. State of Kerala & Ors. [WP(C) 34273/2018]

Citation: 2022 LiveLaw (Ker) 128

The Court observed that film production units have the responsibility to form an Internal Complaints Committee as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - commonly known as the POSH Act.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly also recorded that AMMA has volunteered to constitute an ICC and added that if AMMA constitutes an ICC as undertaken the same shall be in accordance with the provisions of the POSH Act.

Also Read: WCC Case : Kerala High Court Urges AMMA, FEFKA & Other Film Bodies To Form Joint Committee To Redress Grievances Of Women Artists & Employees

3. Political Parties Not Bound To Establish Internal Complaints Committee Under POSH Act : Kerala High Court

Case Title: Centre for Constitutional Rights Research and Advocacy v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 129

In a significant decision, the Court observed that political parties are not legally liable to establish Internal Complaints Commitee as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 since there is no employer-employee relationship among its members.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so in a PIL moved by the Centre for Constitutional Rights Research and Advocacy (CCRRA) seeking directions to constitute Internal Complaints Committee (ICC) within political parties in accordance with the POSH Act 2013.

4. 'Stipulated Time Mandatory & Sacrosanct': Kerala High Court Discharges Maoist Leader Of UAPA Charges Citing Delay In State Sanction

Case Title: Roopesh v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 130

The Court discharged alleged Maoist leader Roopesh of charges under Unlawful Activities (Prevention) Act and sedition under Section 124A (sedition) of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution.

A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran noted that the word 'shall' in the Act and the Rules cannot be said to be merely directory and pointed out that Section 45(2) specifically speaks of the recommendation of the authority and the sanction by the appropriate Government 'shall' be within such time as prescribed.

5. Kerala High Court Extends Validity Of All Interim Orders Till March 25

Case Title: Suo Motu v. State of Kerala

Citation: 2022 LiveLaw (Ker) 131

The Court extended the validity of all interim orders passed by the High Court and all courts and tribunals falling under the supervisory jurisdiction of the High Courttill March 25 considering the difficulties lawyers may have to face if the stay on orders is vacated immediately.

As such, a full bench of Chief Justice S Manikumar, Justice A. Muhamed Mustaque and Justice Shaji P Chaly disposed of the suo motu petition.

6. Ancheri Baby Political Murder: Kerala High Court Acquits Former Minister Mani And Two Other Accused

Case Title: M.M. Mani & Ors. v. State of Kerala

Citation: 2022 LiveLaw (Ker) 132

The Court allowed the discharge application moved by former minister M.M Mani and two others where they sought to quash the proceedings pending against them in the scandalous Ancheri Baby murder case of 1982. Kuttappan and O.G. Madhavan were the other two accused who have been discharged of all charges today.

Justice Sunil Thomas acquitted the trio setting aside the decision of the trial court dismissing their plea to drop the charges against them in the case finding that the witnesses were not credible.

7. Junior In Cadre Can't Draw Higher Pay Than Senior Solely Due To Implementation Of A New Scheme: Kerala High Court Reiterates

Case Title: The Registrar & Ors. v. Dr. Elizabeth K. Syriac

Citation: 2022 LiveLaw (Ker) 133

The Court reiterated that the implementation of the subsequent Scheme shall not result in a situation where the juniors are permitted to draw more salary than seniors in the cadre.

A Division Bench of Justice Jayasankaran Nambiar and Justice Mohammed Nias C.P added that if such a situation is created, it is only appropriate that the said anomaly is corrected by having the pay of the seniors stepped up to that of the juniors.

8. Leave To Criminal Appeal Not Automatic, Can Only Be Granted After Application Of Mind: Kerala High Court

Case Title: State of Kerala v. Ratheesh & Anr.

Citation: 2022 LiveLaw (Ker) 134

The Court has recently established that leave to a criminal appeal can only be granted after proper application of mind by the Court to see if arguable points have been raised in the appeal. Justice Kauser Edappagath held so while referring to the decision in State of Maharashtra v. Sujay Mangesh Poyarekar [(2008) 9 SCC 475] where it was held that in deciding if leave should be granted, the High Court must apply its mind and consider whether a prima facie case has been made out or arguable points have been raised.

Other Developments

9. Twenty20 Worker's Murder: Kerala High Court Allows Father's Plea To Transfer Case From Ernakulam Sessions Court

Case Title: C.C Kunjaru v. State of Kerala

The Court allowed the plea moved by the father of a deceased Twenty20 worker, C.K. Deepu seeking to transfer the bail applications moved by the accused from the Ernakulam Principal Sessions Court.The petitioner had argued that he learned from reliable sources that the father of the sessions judge is the district secretary of the CPI(M) in Thrissur and an interested party in the case Justice Mary Joseph thereby directed that the case be transferred to the Sessions Court in Thrissur.

10. Kerala High Court Refuses To Stay Investigation Against Dileep In His Plea To Quash FIR In Murder Conspiracy Case

Case Title: P. Gopalakrishnan @ Dileep & Ors v. State of Kerala & Anr.

The Court refused to stay the investigation initiated against actor Dileep by the Crime Branch for conspiring to murder the investigation officials in the 2017 actor rape case, in which Dileep is facing trial as the chief conspirator. Justice K Haripal while adjourning to hear the matter on March 28, clarified that there will be no stay on the investigation against Dileep and the other accused in the matter.

11. Kerala HC Asks Centre To Expeditiously Consider State's Plea To Include 3 Medical Colleges As Centres Of Excellence For Treatment Of Rare Diseases

Case Title: State of Kerala & Anr v. Manoj M. & Ors

The Court recently directed the Centre to expeditiously take an appropriate decision on the State government's request to include three State-run medical colleges as centres of excellence for treatment of rare diseases.

A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly also persuaded the Centre to take a favourable stand on the State's request as it would go a long way in benefitting the children suffering from rare diseases.

12. Witness In Actor Assault Case Moves Kerala High Court Against Investigating Officer Alleging Harassment

Case Title: Sagar Vincent v. Biju Paulose & Ors.

The Court considered a petition filed by Sagar Vincent, a witness in the 2017 actor sexual assault case alleging that investigating officer in the case Biju Paulose was threatening him.

Justice Anu Sivaraman asked the Government Pleader to get instructions in the matter while posting it next week for consideration.

13. KSRTC Challenges Hike In Diesel Prices For Bulk Purchasers: Kerala High Court Issues Notice

Case Title: Kerala State Road Transport Corporation v. Union of India & Ors.

The Kerala State Road Transport Corporation has moved the High Court challenging the decision of State-owned Oil Marketing Companies to increase the price of diesel sold to the Corporation, which is allegedly much higher than the market price. Justice N. Nagaresh issued notice to the Centre and the oil companies in the matter.