Kerala High Court Weekly Round-Up: July 22 – July 28, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 459 – 479]Case Title: Saheer E.P. v National Investigating Agency, 2024 LiveLaw (Ker) 459xxx v State of Kerala, 2024 LiveLaw (Ker) 460Aboobakkar @ Abu v State of Kerala, 2024 LiveLaw (Ker) 461Saritha K. P. v State of Kerala and Others, 2024 LiveLaw (Ker) 462State of Kerala v Thomas Chacko @Shibu and Connected Matter, 2024 LiveLaw (Ker) 463T J Varghese v Kerala State Human Rights Commissioner, 2024 LiveLaw (Ker) 464State of Kerala v Nishad, 2024 LiveLaw (Ker) 465Musthafa V. M. v Prajesh and Others, 2024 LiveLaw (Ker) 466PCIT Versus Arun Majeed, 2024 LiveLaw (Ker) 467Mythree Associates Versus Commercial Tax Officer, 2024 LiveLaw (Ker) 468Indian Medical Association Versus UOI, 2024 LiveLaw (Ker) 469The Appellate Authority v The State Information Commission, 2024 LiveLaw (Ker) 470Lohith S v State of Kerala, 2024 LiveLaw (Ker) 471Sahesh Rafeeque v Nural Inshira Binti Abdul Kareem, 2024 LiveLaw (Ker) 472Allen Skariah Thomas @ Allen Thomas @ Cyril v The Chief Secretary, 2024 LiveLaw (Ker) 473Hyder Ali v State of Kerala, 2024 LiveLaw (Ker) 474Libin v State of Kerala, 2024 LiveLaw (Ker) 475XXX V State of Kerala, 2024 LiveLaw (Ker) 476Suo Motu v. Adv. Sojan Pavanios, 2024 LiveLaw (Ker) 477State Of Kerala Versus Petrolink Data Services (P) Ltd., 2024 LiveLaw (Ker) 478S. Vijayan Versus Commissioner Of State Goods And Service Taxes, 2024 LiveLaw (Ker) 479Judgments/ Orders This Week[UAPA] SC's Prabir Purkayastha Judgement Mandating Giving Reasons For Arrest To Accused In Writing Not Applicable Retrospectively: Kerala HCCase Title: Saheer E.P. v National Investigating AgencyCitation: 2024 LiveLaw (Ker) 459Kerala High Court held that the direction of the Supreme Court in Prabir Purkayastha v State (NCT of Delhi) (2024) which held that for an arrest under UAPA to be valid the arrestee should be furnished with grounds of arrest in writing, would only need to be applied prospectively. It was held that arrests made before the date of judgment cannot be considered invalid for the reason that the arrestee was not informed of the grounds of arrest in writing.Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal BirthCase Title: xxx v State of KeralaCitation: 2024 LiveLaw (Ker) 460The Kerala High Court has granted bail to a 23-year-old woman who had been in judicial custody for 80 days for allegedly throwing her infant child from her apartment building onto the road in an attempt to conceal the birth.The Court took note of the fact that the petitioner, an unmarried lady gave birth to a stillborn infant without knowing its consequences. It also noted that the investigation was complete and she was in judicial custody for 80 days.Accused Cannot Unilaterally Ask Victim Or Witnesses To Undergo Narco Analysis/ Lie Detection Test To Prove Defence Case: Kerala High CourtCase Title: Aboobakkar @ Abu v State of KeralaCitation: 2024 LiveLaw (Ker) 461The Kerala High Court has held that an accused cannot unilaterally demand the victim or witnesses to subject themselves to lie detection tests like Narco Analysis Test or Polygraph Test to prove defense case.The petitioner, who is the first accused in a sexual assault case has approached the High Court for conducting lie detection test on the minor victim and her parents to prove his defense.[KAAPA] Detention Order Can Be Quashed If Representation Of Detenu Is Not Considered In Timely Manner: Kerala HC Case Title: Saritha K. P. v State of Kerala and OthersCitation: 2024 LiveLaw (Ker) 462The Kerala High Court held that if the Government fails to consider the representation of a person put in preventive detention under the Kerala Anti-Social Activities Prevention Act (KAAPA) in a prompt manner, his right guaranteed under Article 22(5) is violated and due to this reason, the detention order can be quashed.The detention order was passed on 11.04.2024 but the order and accompanying documents were forwarded to the government only on 21.06.2024. The Court held that this delay of more than 2 months and 11 days is enough to vitiate the order of detention.Kerala High Court Commutes Death Sentence Of Man For Murdering 3 & 7 Yr-Old Nephews, Imposes 30-Yr Rigorous Imprisonment SentenceCase Title: State of Kerala v Thomas Chacko @Shibu and Connected MatterCitation: 2024 LiveLaw (Ker) 463The Kerala High Court has commuted the death penalty imposed upon Thomas Chacko alias Shibu to 30 years of rigorous imprisonment without remission for murdering his nephews aged 3 and 7. The Court also imposed a fine of rupees 5 lakh upon the accused which shall be paid to the mother of the deceased children.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. observed that Constitutional Courts have the power to substitute the death penalty imposed by the Trial Court to imprisonment for a fixed term without remission in appropriate cases.Human Rights Commission A...

Kerala High Court Weekly Round-Up: July 22 – July 28, 2024

Manju Elsa Isac

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