Kerala High Court Weekly Round-Up: May 8 To May 14, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 214-217]Muhammed Shiraz @Shiraz v. State of Kerala & Ors, 2023 LiveLaw (Ker) 214Antony C.L. v. Kerala Water Authority & Ors., 2023 LiveLaw (Ker) 215Sujith Sreerengum V Sunil Sradheyam & Another, 2023 LiveLaw (Ker) 216State of Kerala V Nino Mathew, 2023 LiveLaw (Ker) 217Judgments/Order This WeekFIR U/S 57 Kerala Police Act Is For Locating Missing Person; Does Not Contemplate Investigation Unlike FIR U/S 154 CrPC: Kerala High CourtCase Title: Muhammed Shiraz @Shiraz v. State of Kerala & Ors.Citation: 2023 LiveLaw (Ker) 214The Kerala High Court held that the registration of a First Information Report (FIR) under Section 57 of the Kerala Police Act (hereinafter, 'K.P. Act') is only for the purposes of locating a missing person, and the same cannot be treated as an FIR under Section 154 Cr.P.C.Explaining the intent of Section 57 of the K.P. Act, the Single Judge Bench of Justice K. Babu observed that,"when a Station House Officer receives information reasonably sufficient to suspect that any person is missing and there are circumstances to believe that such person is in danger or not under the lawful protection of guardianship or such person may be subjected to danger or absconding to prevent someone from implementing a lawful right declared by any court, the information shall be entered in a register in a manner similar to the procedure prescribed for a cognizable offence. The Station House Officer shall then take immediate action to locate the missing person".Water Supply | Residential Apartment Which Is Neither Flat Nor Multi-Storied Building Entitled To Domestic Connection: Kerala High CourtCase Title: Antony C.L. v. Kerala Water Authority & Ors.Citation: 2023 LiveLaw (Ker) 215The Kerala High Court recently held that where an apartment does not fall within the ambit of the definition of flat or multi-storied building under the Kerala Water Supply and Sewerage Act, 1986 (hereinafter, 'Act, 1986'), the owners of such apartment could not be insisted upon to apply for a Contributory Street Main Extension (CSME) connection.Justice Shaji P. Chaly observed,"...If the apartment in question comes under a flat or multi-storied building, then Section 38A of the Act, 1986 would come into play along with Appendix 'B' of the Regulations, 1991. But here is a case, where the apartment in question would not come under a flat or multi-storied building and therefore, is entitled for a domestic connection".Kerala Anti-Defection Law| Formal Membership In Political Party Not Prerequisite To Apply Disqualification Provisions For Voluntarily Giving Up Membership: High CourtCase Title: Sujith Sreerengum V Sunil Sradheyam & AnotherCitation: 2023 LiveLaw (Ker) 216The Kerala High Court recently held that a formal membership in a political party is not a prerequisite for the provisions of 'disqualification' for voluntarily giving up party membership under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 to apply. The Court observed that a member contesting as a candidate in an election with the support of a political party shall be deemed to be a member of the party.A single bench of Justice N Nagaresh observed,“Explanation to Section 2(ii) of the Act, 1999 provides that a member who stood as a candidate in an election with the support of any one of the political parties or coalition shall be deemed to be a member included in that political party or coalition. In view of the afore statutory fiction enacted as a deeming provision, a member though has no formal membership in a political party, can be still treated as a member of the party in order to apply Section 3(a) of the Act, 1999. The reason or consideration of the member for contesting as a party candidate is irrelevant”High Court At Appellate Stage Can Order Mitigation Investigation Even Before Conviction Is Upheld: Kerala High Court In Death Sentence ReferenceCase Title: State of Kerala V Nino MathewCitation: 2023 LiveLaw (Ker) 217While hearing two death sentence references, the Kerala High Court held that there is no legal bar in commencing mitigation investigation even before the High Court begins hearing the issue on conviction at the appellate stage.A division bench comprising of Justice Alexander Thomas and Justice C. Jayachandran was of the view that if the mitigation investigation is conducted only after the High Court has affirmed the finding of conviction arrived at by the lower court, this would amount to unduly protracting the hearing proceedings at the appellate stage:“If the study process is commenced only after the conviction is affirmed at the appellate stage, then there will be serious issues and delay, if the said exercise is to be carried out meaningfully and effectively thereafter. This will lead to the position that the convict, who was awarded death sentence by the trial court, will face more anxious and agonizing time, and for all purposes, he may experience a “Damocles' sword hanging over his...

Kerala High Court Weekly Round-Up: May 8 To May 14, 2023

Sheryl Sebastian

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