Media Publishing Statements Made In Press Conference Not Defamatory: Kerala HC Quashes Congress MP's Case Against Kairali TV, Asianet

Quashing a criminal case against Malayalam Communications Limited (Kairali TV) and Asianet News Network for telecasting a program featuring an allegedly defamatory and fabricated letter about Congress MP K C Venugopal, the Kerala High Court said that the statements in question were already in public domain hence it can't be termed defamatory. In doing so, the court underscored that the alleged statements made by a woman about the Congress leader, were made in a press conference and so the...

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In doing so it said that Courts must not interfere lightly in the decision of the sanctioning authority unless it is demonstrated that the order was made...

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101(8) of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. The court limited...

Affected Persons Were Not Heard: Kerala HC Quashes Notification Restricting Operation Of Private Stage Carriages Upto A Distance Of 140 Km

Quashing a notification of the State government which restricted the length of routes of private stage carriage operators to a maximum distance of up to 140 kilometres, the Kerala High Court said that the final notification was issued without hearing and duly considering the objections of the affected parties as required under the relevant rules. For context, Rule 246 of the Kerala Motor...

"Some Students Not In The Habit Of Respecting Teachers": Kerala High Court Quashes Case Against Teacher For Hitting Student

The Kerala High Court quashed a case against a school teacher for allegedly beating a student in her class. The teacher was booked under Section 75 (cruelty to child) of Juvenile Justice Act and Section 324 (voluntary causing hurt by dangerous weapons or means) of the Indian Penal Code. Justice A. Badharudeen allowed the petition noting that the teacher beat the student only after he...

Media Trial Shapes Perceptions, Leads To Distrust In Judicial Outcomes When Verdict Differs From Prevailing Public Beliefs: Kerala High Court

A five judge bench of the Kerala High Court while deciding a reference on whether any guidelines on reporting of court proceedings be formulated has observed that media trial can create a distrust in judicial outcomes especially when verdicts differ from prevailing public beliefs.The bench of Justice A. K. Jayasankaran Nambiar, Justice Kauser Edappagath, Justice Mohammed Nias C. P., Justice C....

Media Giving "Definite Opinion" Of Someone's Guilt Or Innocence Pending Probe/ Trial Not Protected Under Article 19(1)(a): Kerala HC Full Bench

The Kerala High Court held that any expression by the media on the guilt or innocence of an accused in an ongoing criminal case would not be protected under the right to speech and expression guaranteed under Article 19(1)(a) of the Constitution. The Court stated that only an adjudicatory authority can pronounce on the guilt or innocence of an accused.A Five Judge Bench comprising Justice A....

Kerala High Court Refuses To Entertain Plea Challenging U/A Certification Given To Malayalam Movie 'PANI'

The Kerala High Court has refused to entertain a plea challenging U/A certification given to the Malayalam movie 'Pani' directed and starred by actor Joju George.The plea was moved stating that the U/A certification (unrestricted public exhibition with parental guidance) given to the movie was inappropriate as it contained obscene dialogues, scenes and violence, making it unsuitable...

'We Lack Feminine Perspective In Law': Kerala HC Appoints Amicus Curiae To Collect Different Perspectives For Drafting Special Law For Women

The Kerala High Court appointed an Amicus Curiae to collect and combine perspectives and suggestions, including feminine perspectives from various stakeholders to assist the government in drafting a special legislation to address the issues faced by women in society, especially in their workplace.The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, hearing the...

Kerala High Court Admits Plea Against 'Meagre Wages' Paid To Prisoners, Restrictive Phone Call Policies

A plea has been moved before the Kerala High Court stating that wages paid to prisoners are meagre and do not comply with the minimum wage standards set by the government. The plea argues that insufficient compensation for labour would amount to forced labour under Article 23 of the Constitution.The plea also states that the arbitrary phone call rates and restriction on the number of...

Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC

The Kerala High Court recently observed that while marriage is an essential ingredient to attract the offence of cruelty punishable under IPC Section 498A, however for abetment to suicide under IPC Section 306 there need not be any relationship between the "accused and the victim". In observing so, the high court set aside the man's conviction for cruelty under Section 498A IPC after noting...

Reformed Growth Of Accused Is A Positive Factor While Considering Withdrawal Of Prosecution: Kerala High Court

The Kerala High Court held that a public prosecutor can consider the nature of the offence, lack of mens rea and the reformation of the accused as positive factors while deciding withdrawal of prosecution. The Single Bench of Justice K. Babu made this observation in a petition filed by the State challenging the Magistrate's order disallowing an application for withdrawal of prosecution filed...