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...

No Bar On Civil Court To Execute Decree Over Waqf Dispute Even After Constitution Of Waqf Tribunal: Kerala High Court

The Kerala High Court held that even after the constitution of the Waqf Tribunal, the Civil Court can execute a decree passed by it relating to a waqf dispute.Justice Kauser Edappagath clarified that even after the constitution of the Waqf Tribunal, the Civil Court continues to have jurisdiction to execute both its own decree as well as any decree passed by the Waqf Tribunal.“Even after...

If Elephants Are Not Protected Next Generation Would See Them In Museums, Like Dinosaurs: Kerala HC In Pleas To Prohibit Parading In Festivals

While hearing a batch of pleas concerning prohibition of cruelty against captive elephants in Kerala, the High Court on Tuesday (November 5) orally remarked that if the animal is not protected and the numbers keep dwindling, the next generation would see the animal in museums, just the way we see Dinosaurs. The high court, which is considering formulation of guidelines to prevent cruelty...

Association Can File Plea Before Administrative Tribunal On Behalf Of Members To Address Their Grievances: Kerala High Court

The Kerala High Court has recently observed that to represent the grievance of its members, an association is entitled to file an original application before the State Administrative Tribunal, clarifying that in such a situation, the association espousing the grievance of its members can also be deemed as aggrieved.A division bench of Justice A Muhamed Mustaque and Justice P M Manoj in its...

Police Officer's Testimony Not Infirm Merely Because He Belongs To The Force, Can Be Basis Of Conviction If Evidence Is Reliable: Kerala HC

While deciding a challenge to a conviction for possessing counterfeit currency, the Kerala High Court observed that the testimony of a Police Official does not suffer from any infirmity merely because he belongs to the police force. In doing so, the high court underscored that if a court is convinced that there is truth in witness's testimony then conviction can be based on such evidence....

Kerala High Court Dismisses Plea Challenging 2021 Assembly Election Of UDF MLA Mani C Kappan

The Kerala High Court on Tuesday (November 5) dismissed a petition filed by C V John challenging the result of 2021 Kerala Legislative Assembly election where Mani C. Kappan who had contested under United Democratic Front was declared as the returning candidate. C. V. John had contested from the same constituency–Pala, as an independent candidate. He had filed the petition against Kappan and...