Kerala High Court Stays Criminal Proceedings Against Disabled Couple Accused Of Encroaching Neighbour's Property, Damaging Compound Wall

The Kerala High Court on Thursday stayed the criminal proceedings initiated against a differently abled couple and their senior citizen father, who had been alleged to have encroached upon the property of their neighbour and caused damage to the compound wall on the property. Justice Raja Vijayaraghavan V. stayed the proceedings against the accused petitioners for a period of one month. It...

Jurisdictional Court Cannot Deny Accused's Right To Surrender If Permitted By CrPC: Kerala High Court

The Kerala High Court recently held that a Magistrate cannot conclude that the accused was not in the custody of the Court when he voluntarily surrenders to its jurisdiction; it should take such accused in custody and deal with him as per law.Justice K. Babu added that when CrPC permits an accused to surrender before the Court having jurisdiction over the subject matter, the jurisdictional...

Kerala: More Than 5000 Judgments Of District Judiciary Translated To Malayalam

The Kerala High Court has translated more than 5000 judgments of the District Judiciary to Malayalam language. Presently, around 5186 judgements have been translated from English to Malayalam and are made available on the official websites of District Courts. The Court has carried out the exercise under the leadership of Justice A. Muhamed Mustaque, Chairman of the Committee in charge...

Kerala High Court Grants Interim Police Protection To Lesbian Couple Amid Alleged Threats From Family

The Kerala High Court on Wednesday passed an interim order granting police protection to a lesbian couple who alleged that they were being targeted by their parents and henchmen. This comes less than a month after a Division Bench closed a habeas corpus petition filed by one of the women (Sumayya) seeking the release of her lesbian partner Afeefa from the custody of her family. While...

Kerala High Court Publishes More Than 300 Judgments Translated To Malayalam

The Kerala High Court has translated more than 317 of its judgments in Malayalam and published the same on its website. The Court has been able to achieve this milestone under the guidance of Justice A. Muhamed Mustaque, Chairman of the Committee in charge of Computerization, and Justice Raja Vijayaraghavan V and Dr. Justice Kauser Edappagath, members of the Artificial Intelligence Assisted...

Brahmapuram Fire: Kerala Govt Suggests High Court To Constitute Special Bench To Consider Issues Under Solid Waste Management Rules

The Kerala government on Friday suggested the High Court to constitute a Special Bench for consideration of the Brahmapuram fire incident and other matters relating to Solid Waste Management Rules, 2016 (hereinafter, 'MSW Rules, 2016').The above suggestion was made while the Court was considering the suo motu proceedings initiated by it in the wake of fire at the Brahmapuram Solid...

'Intent To Foster Personal Interaction' Essential Ingredient Of Stalking, Mere Threat Or Abuse Doesn't Attract S.354D IPC: Kerala High Court

The Kerala High Court has recently held that a mere threat or abuse by a man towards a woman would not attract the offence of stalking under Section 354-D of the Indian Penal Code (IPC).Justice K. Babu added that to qualify as stalking, a man must have repeatedly followed a woman and made contact or attempted to contact her, despite clear indications of disinterest from the woman,...

Prima Facie False Implication Of Tribal Youth In Wildlife Offence: Kerala High Court Refuses Anticipatory Bail To Accused Forest Officers

The Kerala High Court recently dismissed the appeal preferred by certain forest officers against the refusal of anticipatory bail in a case pertaining to false implication and torture of a tribal youth in connection with an alleged wildlife offence.Justice V.G. Arun passed the order on finding prima facie materials to attract the offence under Section 3(p) (Punishment for instituting...

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court

The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities (Prevention) Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action.Section 15 of the Act deals with the power to make orders restricting the movements of certain persons.Placing reliance on Stalin CV. v. State...

In A First, Kerala High Court Set To Introduce Machine Scrutiny Of Bail Applications

In an unprecedented measure, the Kerala High Court is set to introduce a module for Machine Scrutiny of Bail Applications. This novel feature, which is the first of its kind in the country, and which has been developed by the High Court's technical team, shall provide for automated scrutiny of Bail Applications. It will be operational from July 10, 2023. An option shall be available in the...

Judges Can't Succumb To Wild Allegations Of Bias: Kerala High Court Rejects Plea By Advocate Facing Contempt For Recusal Of Justice Sophy Thomas

The Kerala High Court recently rejected the application moved by Advocate Yeshwanth Shenoy, seeking recusal of Justice Sophy Thomas from hearing the suo motu contempt proceedings initiated against him for alleged misbehaviour in Court.While rejecting the application, the Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas observed:"A Judge, who has taken the oath...

Kerala High Court Stays GO For Constitution Of 'Students Grievance Redressal Cells' In Colleges For 1 Month

The Kerala High Court on Wednesday stayed the Government Order (G.O.) directing the Principals of all colleges to constitute a 'Students' Grievance Redressal Cell' in their institutions, for a period of one month. The said G.O. also mandated the formation of a University Appellate Forum/Tribunal in Universities to act as the appellate authority to the orders of the Student Grievance...