From Court Assistant To Judge: Justice Narayana Pishardi's Noteworthy Judgments

"Way back in the year 1981, when I joined the Kerala High Court Service as an Assistant, little did I think, even in my dreams, that one day I would be called upon to occupy the seat of a Judge in this temple of justice. Perhaps, history is being created now by the elevation of a former staff as a Judge of this august institution. And I am really very proud of it."These are the words of a former Kerala High Court Assistant who made his way to a judgeship after a long spell of over 31 years in the judicial service, thereby rewriting history. Justice R. Narayana Pisharadi retired from judgeship on 26th December 2021, having served over four years at the Bench. Justice Pisharadi was appointed as an assistant in the High Court of Kerala in 1981. He passed his LLB through an evening course at GLC Ernakulum. He was selected as a temporary Judicial Magistrate (Second Class) in February 1986. Thereafter, he got regular selection as JSCM during the period 1988-1988. Later on, he cleared the Kerala Judicial Service Examination. He was appointed as a Munsiff in the year 1991. He became a District and Sessions Judge in January 2005. Later, he was appointed as the Registrar (Vigilance) in July 2016. He held the post until his elevation as an Additional Judge at the High Court in 2017.Important Judgments:1. Attachment Before Judgment: Order On Claim Petition Is Appealable As Decree The Court clarified that an order adjudicating a claim over property under attachment before judgment is appealable as if it was a decree. The clarification was made by a division bench comprising Justice V Chitambaresh and Justice Narayana Pisharadi, answering a reference to whether such an order could be challenged in an original petition under Article 227 of the Constitution.2. Child In Conflict With Law Can Apply For Anticipatory Bail U/S 438 CrPC, Sec 12 (1) JJ Act Not A BarJustice R Narayana Pisharadi held that a child in conflict with law can very well apply for anticipatory bail as there is nothing in the Juvenile Justice (JJ) Act that bars him/her from doing so. He also held that an application for anticipatory bail under Section 438 of the Criminal Procedure Code at the instance of a child in conflict with law is maintainable before the high court or the Court of Session.3. No Bar In Withdrawing Resignation Before Its 'Effective' Acceptance By Appropriate Authority As Per Rules[Shabeer Ahammed v Sivadasan VP]The Court held that a government employee can withdraw the resignation tendered by him before its 'effective' acceptance by appropriate authorities as per concerned rules. Referring to Service Rules, a division bench of PR Ramachandra Menon and Justice R Narayana Pisharadi observed that mere fact that the manager is the appointing authority does not mean that once he accepts the letter of resignation, it would come into effect.4. Fundamental Right To Freedom Of Speech Not An Absolute License To Hurt Fellow Citizens' Religious Sentiments'Persons who take the risk of publication and dissemination of scurrilous and blasphemous messages are not entitled to get the discretion of the court exercised in their favour.' While rejecting anticipatory bail to a man who posted a comment on a Facebook post, insulting members of the Islamic community and the prophet, the Court observed that the fundamental right to freedom of speech and expression in a secular state is not an absolute licence to injure and hurt the religious feelings and faiths and beliefs of fellow citizens.5. It Is Neither Illegal Nor A Crime: Lesbian Couple Allowed To Live-in Together [Sreeja S. v. Commissioner of Police]Weeks after the Supreme Court decriminalised homosexuality, the Court allowed a plea of the lesbian live-in couple to live together. 'This court cannot find that the 'live-in relationship' between the petitioner and the alleged detenue will in any manner offend any provisions of law or it will become a crime in any manner.' A division bench of Justice CK Abdul Rehim and Justice R. Narayana Pisharadi observed that such a live-in relationship between a lesbian couple is neither a crime nor illegal.6. Application To Set Aside Ex Parte Divorce Decree Won't Be Rendered Infructuous Merely Because The Spouse Remarried In The MeanwhileA bench comprising of Justice CK Abdul Rehim and Justice R Narayana Pisharadi was considering an appeal filed by a man against the order of the family court setting aside the ex parte decree. Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce. The Court held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting aside the ex parte decree by the opposite spouse, would not render such application infructuous.7. Divorce By Mutual Consent Is A Secular Concept; Six-Month Cooling-Off Period Can Be Waived For Christians As Well[Tomy Joseph v. Smitha...

From Court Assistant To Judge: Justice Narayana Pishardi's Noteworthy Judgments

Hannah M Varghese

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