Misusing Civil Rights Provisions Dilutes Purpose: Kerala HC Declines Relief For Claim That Denial To Enter Office Without Appointment Was 'Untouchability'

The Kerala High Court recently rejected a plea under the Protection of Civil Rights Act, stating that unless the obstruction or annoyance was committed by the accused while the petitioner was exercising any right that accrues to him because of the abolition of untouchability, section 7(1)(b) of the Act would not be attracted.“A mere obstruction or annoyance to a person cannot give rise to...

TP Chandrasekharan Case | Sanction U/S 197 CrPC Not Required For Court To Take Action Against Public Servant For Perjury: Kerala High Court

The Kerala High Court has held that prosecution for perjury can be maintained against a public servant without obtaining prior sanction under Section 197 CrPC, adding that as offences enumerated under Section 195 CrPC are intricately connected with the administration of justice, it is imperative that they be determined by the courts itself.Section 197 CrPC bars prosecution of public servants...

'Killing & Culling Wild Animals Not A Panacea': Kerala HC Suggests State To Formulate Policy To Deal With Growing Human-Animal Conflict

The Kerala High Court recently emphasized the need for the Government to formulate a policy to manage human-animal conflict and noted the increasing rate of incidents to point out that a comprehensive policy was required to address the conflict between humans and animals.“Killing and culling of wild animals, which trespass into human habitat, as the sole method of defence can never be...

Sabarimala : Kerala High Court To Pronounce Judgment On Plea Challenging Appointment Of Only Malayala Brahmins As Melshantis On Feb 27

The Kerala High Court will pronounce the judgment on the batch of petitions challenging the Travancore Dewaswom Board notification inviting applications only from Malayala Bhramins for appointment as Melshanthi(chief priest) of Sabarimala-Malikappuram temples on (Tuesday) February 27, 2024, at 4.15 PM. The Division Bench comprising Justice Anil K Narendran and Justice P. G. Ajithkumar...

PC-PNDT Act: Kerala Woman Moves High Court Against Husband, In-Laws Who Allegedly Gave Her Instructions On How To Conceive 'Good Boy Child'

A woman has approached the Kerala High Court seeking directions to the Director of Pre-Natal Diagnostic Division and Additional Director (Family Welfare) to conduct an investigation and take appropriate action against her husband, father-in-law and mother-in-law for allegedly giving her instructions on how to conceive a male child.The woman alleged that she was handed over a note by her...

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court

The Kerala High Court stated that the Deputy Superintendent of Police of the Crime Branch heading a special investigating team that was specifically entrusted with the investigation of a crime is competent to file the final report under Section 173 CrPC. The issue before the Court was whether the head of a Special Investigation Team, constituted to investigate a crime, not being...

[S.73 Evidence Act] Courts Can Compare & Verify Disputed Signatures With Admitted Evidence To Arrive At Conclusion Based On Other Supporting Evidence: Kerala HC

The Kerala High Court has stated that Courts could compare disputed signatures, handwritings with the admitted evidence based on its own observation and arrive at a conclusion as per Section 73 of the Evidence Act when there are other supporting evidence also pointing to the same conclusion as reached by the Court.Justice G Girish relying upon various Apex Court decisions stated thus:...

Postmortem Of Minor Girl Residing With Parents In Police Quarters Reveals She Was Sexually Abused, Kerala High Court Orders CBI Probe

The Kerala High Court has asked the Central Bureau of Investigation to probe a case of alleged sexual abuse of a minor girl which came to light after she passed away under suspicious circumstances. The girl was residing with her parents in Police quarters and the Court was of the opinion that involvement of Police cannot be completely ruled out."Investigation team has failed to probe...

Actor Assault Case: Kerala High Court Directs Sessions Judge To Provide Copy Of Inquiry Report On Memory Card Access To Survivor

The Kerala High Court today directed the Ernakulam District and Sessions Judge to give the survivor in the actor sexual assault case, involving Malayalam actor Dileep, a copy of the report of fact-finding inquiry into the allegation that the memory card containing videos of the sexual assault had been accessed unauthorisedly.“This court never intended that the report should be treated...

How Long Should Citizens Wait For Their Legitimate Rights? Kerala HC On Govt's Failure To Compensate Hotel Used As Isolation Ward During Covid-19

The Kerala High Court today observed that it is distressing that the government has not disbursed maintenance amounts/compensation to persons who gave their buildings to use it as isolation wards and quarantine centres during the Covid-19 lockdown period.The plea was filed by a woman entrepreneur alleging an "indifferent and passive" attitude of the government in disbursing maintenance...

[T P Chandrashekaran Murder] Kerala High Court Modifies Judgment, Upholds Conviction Against Two More Accused

The Kerala High Court today confirmed the Trial Court judgment and upheld the conviction of two more persons (Accused 18- Rafeek and Accused 31-Pradeepan M K @Lambu) in the T P Chandrashekaran murder case. The Court had earlier had confirmed the conviction of other accused under Section 302 (punishment for murder) and Section 120B (criminal conspiracy). It had also set aside the acquittal of...

Kerala High Court Stays Summons To WhatsApp India Representative To Identify 'First Originator' Of Alleged Derogatory Message

The Kerala High Court has stayed an order issued by Additional Chief Judicial Magistrate, Thiruvananthapuram directing representative of WhatsApp India to appear in person before it on February 07.The Magistrate had directed the in-person appearance of the WhatsApp India representative to provide details regarding the 'first originator' of an end-to-end encrypted derogatory WhatsApp message...