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Kerala High Court Directs SIT to Appoint Nodal Officer Following Hema Committee Report

November 27, 2024, 2:39 pm

Kerala High Court instructed the Special Investigation Team (SIT) investigating cases stemming from the Hema Committee report to appoint a nodal officer On Wednesday. This officer will serve as a point of contact for individuals who have received threat messages, allowing them to file complaints.

The Hema Committee was established in response to a 2017 sexual assault case involving an actor and submitted its findings to the Chief Minister on December 31, 2019.

SC extended interim protection from arrest to actor Siddique

In a related development, the Supreme Court extended interim protection from arrest to actor Siddique in connection with a rape case. A bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma granted this relief until the next hearing date. Senior Advocate Mukul Rohatgi, representing Siddique, informed the court that the investigation agency had repeatedly inquired about his phone and laptop from 2016, which he no longer possesses.

The Supreme Court sought clarification from the Kerala Police regarding Siddique’s attendance during questioning. The Kerala Government responded that he had been appearing but was not cooperating fully. Justice Sharma noted that Siddique had given his old phone to a shop when he purchased a new one.

Rohatgi requested an adjournment due to a sore throat. Siddique had approached the Supreme Court seeking anticipatory bail in the ongoing rape case. Previously, the Kerala Police issued a lookout notice for Siddique, suspecting he might flee the state after the Kerala High Court dismissed his anticipatory bail application.

The case is currently under investigation by the SIT established by the Kerala government. Siddique was charged by the museum police in Thiruvananthapuram on August 27, following a complaint from a young actress alleging rape and criminal intimidation. Siddique has firmly denied these allegations.

This situation arose amid a wave of accusations in the Malayalam film industry, triggered by the “Me Too” movement, which exposed various instances of sexual abuse earlier in August. In the wake of these allegations, Siddique resigned from his position as general secretary of the Association of Malayalam Movie Artists (AMMA), leading to the resignation of the entire 17-member executive committee of the organization. Several women actors have made serious accusations against prominent figures in the industry, including director Ranjith and actors Mukesh, Jayasurya, and Edavela Babu, among others.

Centre Appoints Five Additional Judges to Kerala High Court

October 29, 2024, 7:42 pm

The central government has officially notified the appointment of five additional judges to the Kerala High Court, effective Tuesday. The newly appointed judges are Paramesara Panicker Krishna Kumar, Kodassery Veliyath Madom Jayakumar, Muralee Krishna Shankaramoole, Jobin Sebastian, and Varadaraja Iyer Balakrishnan.

Official Notification and Tenure

According to the notification issued by the Centre, these appointments have been made under the authority of Article 224(1) of the Constitution of India. The judges will serve for a period of two years, beginning from the date they assume their respective offices. The notification states: “In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint (i) Parameswara Panicker Krishna Kumar, (ii) Kodassery Veliyath Madom Jayakumar, (iii) Muralee Krishna Shankaramoole, (iv) Jobin Sebastian, and (v) Pandikkaran Varadaraja Iyer Balakrishnan, to be Additional Judges of the Kerala High Court.”

Background and Recommendations

The Supreme Court Collegium had previously recommended P. Krishna Kumar for elevation to the Kerala High Court in October 2023. Following the appointment of four other judicial officers—Justice M.B. Snehalatha, Justice Johnson John, Justice G. Girish, and Justice C. Pratheekkumar—Kumar’s seniority was reaffirmed in a subsequent recommendation made in October 2024.

The Chief Justice of the Kerala High Court, in consultation with his two senior-most colleagues, initiated this recommendation, which received concurrence from both the Chief Minister and the Governor of Kerala.

Kerala High Court Imposes Strict Penalties On Vlogging From Car Cabin To Enhance Road Safety

June 7, 2024, 3:07 pm

In an effort to improve road safety, the Kerala High Court has issued stringent directives against illegally modified vehicles and vloggers who film videos from the driver’s cabin while driving, according to a report from LiveLaw. The court’s order aims to combat unsafe practices that jeopardize road users and violate the Motor Vehicles Act of 1988.

The court emphasized that vloggers filming inside the driver’s cabin while the vehicle is in motion undermine the driver’s focus, posing a significant risk to road safety. Additionally, the High Court has instructed Motor Vehicles Department Enforcement Officers to gather evidence from online platforms like YouTube. These officers are responsible for identifying videos showcasing extensively modified vehicles and taking appropriate action against both the vehicle owners and vloggers involved. Vloggers caught recording inside driver cabins while the vehicle is in motion will face penalties for distracting the driver and endangering the safety of other motorists.

Under the Motor Vehicles Act, vehicle owners found guilty of making illegal modifications will be fined Rs 5,000. The court’s decision targets illegal modifications, such as unauthorized lights and exhaust systems, which contribute to excessive light, smoke, and noise emissions, thereby violating safety standards and exacerbating pollution.

Additionally, registration certificates (RC) of extensively modified vehicles will be either canceled or suspended. The court also cautioned against the misuse of official emblems and name boards on vehicles to avoid tolls, parking fees, and police checks. Violations in this regard will result in legal action, ensuring compliance with regulations governing the display of state and national emblems.

Kerala: HC Upholds Death Sentence For Assam Man For Rape, Murder Of Dalit Law Student

May 20, 2024, 3:58 pm

The Kerala high court on Monday upheld the death sentence handed over to Muhammed Ameer-ul-Islam by a trial court after he was found guilty of raping and brutally murdering a female Dalit law student in Perumbavoor in Ernakulam district in 2016.

Ameer-ul-Islam was found guilty in December 2017 of a number of offenses by the Ernakulam Principal District and Sessions Court, including trespassing, wrongful imprisonment, rape, and murder.

During the trial, the prosecution contended that the accused had entered the victim’s home while intoxicated and made an attempt to rape her. When she refused to submit, the accused used a sharp object to severely hurt her privates before killing her.

The victim, a member of the Scheduled Caste community, lived in Perumbavoor with her mother while she was pursuing her legal studies. The town is a key hub for migrant workers in the state and is located 40 kilometers from Kochi.

Kerala High Court: Lawyer Moved Seeking Rs. 1 Crore Compensation For Family Of Kollan Doctor Stabbed During Checkup To Death By Man In Custody

May 24, 2023, 12:14 am

The Kerala High Court in the case Adv. Manoj Rajagopal v. State of Kerala & Ors observed wherein seeking Rs. 1 Crore compensation for the bereaved family members of the 23 years old house surgeon who is named Dr. Vandana Das, who was brutally being killed by an injured man who was being brought to the government hospital in the police jeep, in the Kottarakkara, Kollam.

In the said case, the incident occurred during the wee hours of the morning on 10.05.2023, thus, when the house of the surgeon was on duty and she being stabbed multiple times by Sandeep, who being the school teacher using dressing room scissors. Therefore, the attackers in the case were being brought and the attackers were brought to the Kottarakkara Taluk Hospital by the police for treatment of his injuries.
The Division bench comprising of Justice P.B. Suresh Kumar and Justice P.G. Ajithkumar was hearing the present matter. Therefore, the plea filed averred that the said tragedy being the result of systemic failure and yet and the Government in the case has not announced any compensation to the bereaved family.
The plea filed stated that Dr. Vandana Das was the only daughter and the death of her cannot be compensated in terms of money. Thus, the doctor’s community across the State has been frequently demanding the Government in order to provide the necessary security to doctors in the Hospitals and the physical attack which being towards the doctors has been increasing day by day.
It has also been submitted by the petitioner in the plea that the State Government had earlier given fabulous amount to the bereaved families who sustained similar losses and for the non-consideration of the present case has also been pained him.
Further, the petitioner in the plea seeks a direction to the State authorities to pay minimum Rs. 1 Crore compensation to the family of the deceased house surgeon, wherein monitoring of the investigation by the Court in order to secure the ends of justice and for the issuance of guidelines for providing security to the doctors, nurses, and other staff in Hospitals across the State and as well as the in all casualties of all Government Hospitals across the State.
The Division bench comprising of Justice Devan Ramachandran and Justice Kauser Edappagath in the case observed and has seized of the matter to the extent of finding out lapses wherein it led to the tragedy. Thus, it has also been directed by the Police Department in order to put in place protocols for the manner in which persons who are in the custody of the police are to be presented for medical check-ups, with regards to the protection of the doctors, the healthcare professionals, students, interns, house surgeons and the others who are being prioritized.

Kerala HC: Police cannot insist only politically neutral colours be used for temple festivals

February 16, 2023, 1:30 pm

The Kerala High Court on Thursday ruled that the District Administration or the Police cannot insist that only politically neutral-coloured decorative materials are used for temple festivals. The judgements come while the Police restrained the temple authorities of Major Vellayani Bhadrakali Devi temple in Thiruvananthapuram from using only saffron-coloured decorative materials as part of the Kaliyoottu festival.

Same-sex couple moves SC after being directed to attend counseling session

February 6, 2023, 4:45 pm

A same-sex couple has moved Supreme Court challenging the Kerala High Court order, directing one of them to attend counseling session with a psychiatrist regarding their sexual orientation. The plea was heard by a bench headed by Chief Justice of India DY Chandrachud who then asked the petitioner’s lawyer to keep the brief ready and said he will hear the matter at the end of the board. Petitioner’s counsel Advocate Sriram P mentioned the plea before the Supreme Court seeking an urgent hearing.

In the petition, the same-sex couple said that they are female as per their gender orientation and they both wish to get married and be together. But the parents of the detenu (person held in custody) have kept the detenu in illegal custody against her will so as to impede the marriage between the petitioner and the detenu. According to advocate Sriram the petitioner sought to invoke the basic principle of Habeas Corpus and sought the detenu to be produced before the court physically. As stated by the petitioner the High Court wrongly asked the detenu to be sent for counseling.

The counseling impugned herein is obviously counseling to change her sexual orientation. It is most respectfully submitted that this counseling is proscribed under law and the High Courts of Madras, Uttarakhand and Odisha have specifically and categorically followed the law laid down by this High Court prohibited it. The plea said the petitioner is in letter and spirit challenging the interim orders dated January 24, 2023 and February 2, 2023 all of which denied the petitioner her fundamental rights. These orders have denied the detenu safety and liberty for a long period from January 9, 2023 to the present day, the petitioner said. The present special leave petition carries a substantial question of law and raises several questions including, whether the High Court ought to have allowed the detenu right to be heard physically in the safety and security of the building of high court. Sexual orientation is something that one identifies with rather than being imposed on through counseling so should “gender orientation counseling” be legal or not.

Hostels Are Not Tourists Homes: University

December 21, 2022, 12:20 pm

Kerala university submitted an affidavit to the High court stating “hostels are not tourist homes” for the night and students must stay and avoid going out at night. This came after the plea filed by girl students of Government Medical College Kozhikode against the notification issued by the Higher Education Department barring female students from going out of the Hostel after 9.30 pm. The University further said, “People reach maturity at the age of 25. Anything said before that is not acceptable,” in the affidavit.

Kerala High Court Chief Justice’s car stopped, accused held

November 21, 2022, 2:59 pm

Kerala High Court Chief Justice S Manikumar’s car was stopped by a man who used abusive words against him and has been arrested by the police.

Meanwhile, the incident took place on Sunday at 11 pm in Kochi near Goshree bridge. The arrested man has been identified as Tijo who hails from Udumbanchola in the Idukki district.

Moreover, against the accused person police have registered a case of an attempt to murder. The incident happened when Chief Justice was going to his residence from Kochi airport.

However, the Mulavukad police officials told that the accused is a lorry driver.

Furthermore, more details and interrogation are underway.

Marriage in Muslims is not excluded from POCSO Act: Kerala HC

November 20, 2022, 4:46 pm

According to a ruling by the Kerala High Court, a marriage between Muslims under personal law is not exempt from the scope of the Protection of Children from Sexual Offenses (POCSO) Act.

In addition, the court decided that POCSO Act offences would apply regardless of whether the marriage was valid or not if one of the parties was a juvenile.

The Single Bench of Justice Bechu Kurian Thomas further observed, “The POCSO Act is a special statute enacted specifically for the protection of children from sexual offences. Sexual exploitation of every nature against a child is treated as an offence. Marriage is not excluded from the sweep of the statute.”

“The POCSO Act is a special enactment. The advances and progress achieved in societal thinking have resulted in the enactment. This special statute was enacted based on principles arising out of jurisprudence relating to child abuse. The child abuse jurisprudence evolved out of the need to protect the vulnerable, the gullible and the innocent child. The legislative intent to protect the child from sexual predators hovering over them under different labels, including that of marriage, is explicitly evident from the statutory provisions,” he further observed.

The court further mentioned that underage marriages have historically been seen as a breach of human rights.

“A child marriage compromises the growth of the child to her full potential. It is the bane of society. The legislative intent reflected through the POCSO Act is to prohibit physical relationships with a child, even under the cover of marriage. This is the intent of society, too, for a statute is, as is often said, the expression or reflection of the will of the people. In the accomplishment of the said intent, the POCSO Act has defined the word ‘child’ in section 2(d) as ‘any person below the age of 18 years,” the court observed.

“Personal laws and customary laws are both laws. Section 42A intends to override such laws also. Therefore it cannot be gainsaid that after the coming into force of the POCSO Act, penetrative sexual intercourse with a child, even if it is under the guise of marriage, is an offence,” the court added.

A Muslim man, 31, who is accused of kidnapping and raping a minor girl, had filed for bail. The court denied his plea. According to the personal laws that applied to them, he claimed that he had legally wed the girl in March 2021.