Kerala High Court Weekly Round Up: February 7 To February 12, 2022

Judgments This Week:1. Delay Fatal Only If Parties Attempt To Obtain Any Unfair Advantage : Kerala High CourtCase Title: State of Kerala v. Sunil N.S. @ Pulsar Suni & Ors.Citation: 2022 LiveLaw (Ker) 63The Court ruled that a delay in filing an application only becomes fatal if by allowing such application, the applicant obtains an unfair benefit or if any prejudice will be caused to the opposite party in the case. Justice Kauser Edappagath while partly allowing a petition seeking to re-examine 7 witnesses and summon 9 additional witnesses observed that the delay in filing the application could be discounted since the prayer herein was only to produce the original documents which were already marked.2. 'Prima Facie No Material': Kerala High Court Grants Pre-Arrest Bail To Dileep In Murder Conspiracy CaseCase Title: P. Gopalakrishnan alias Dileep & Ors v. State of Kerala & Anr. Citation: 2022 LiveLaw (Ker) 64The Court allowed the anticipatory bail plea moved by actor Dileep and other accused in the alleged criminal conspiracy to kill police officers investigating the sensational 2017 sexual assault case. Justice Gopinath P. pronounced the highly-anticipated verdict after two weeks of elaborate hearing. "Your apprehensions regarding non-cooperation with the investigation can be addressed by conditions", the Court informed the Prosecution while dictating the order. It was also clarified that if these conditions were violated, the prosecution was entitled to apply for arrest.Also Read: Free Speech Not A License For Persons With Half-Baked Facts Or Little Knowledge About Judiciary To Abuse Courts: Kerala HC3. For Abetment By Conspiracy, Mere Agreement Not Enough; Something Must Be Done: Kerala High CourtCase Title: P. Gopalakrishnan alias Dileep & Ors v. State of Kerala & Anr.Citation: 2022 LiveLaw (Ker) 65The Court while granting pre-arrest bail to Malayalam actor Dileep and other accused reiterated the clear distinction between the offences of abetment by conspiracy and criminal conspiracy. Upon referring to several decisions on this issue, Justice Gopinath P. decided that while an illegal omission or act is necessary to constitute an offence of abetment by conspiracy, mere agreement is sufficient to amount to criminal conspiracy.4. Excommunication Illegal Under Wakf Act, Infringes Fundamental Rights: Kerala High CourtCase Title : PV Kassim v. Kakkattiri Juma Masjid Mahallu Committee & OrsCitation: 2022 LiveLaw (Ker) 66In a notable judgment, the Court has held that ex-communication or externment, whether declared or undeclared, is illegal and impermissible under the Wakf Act. The Court further declared that any bye-law or scheme in relation to the administration of the Wakf Property authorising ex-communication is also illegal as it infringes the fundamental rights guaranteed by the Constitution. Justice SV Bhatti and Justice A Badharudeen were deciding a civil revision petition challenging the orders of the Wakf Tribunal and the State Wakf Tribunal.5. Municipality Act | Secretary Can Issue Notice, Take Action Upon Finding Illegal Construction Being Carried Out : Kerala High CourtCase Title: V.V. Abraham v. Chengannur Municipality & Ors.Citation: 2022 LiveLaw (Ker) 67The Court held that the Secretary of a Municipality is empowered to issue notice and initiate suitable action if a building construction is found to be proceeding illegally within their jurisdiction. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so while dealing with a set of appeals filed under the Kerala Municipality Act and the Kerala Municipality Building Rules.6. 'Inputs Justify Denial Of Security Clearance' : Kerala High Court Upholds Ban On MediaOne News ChannelCase Title: Madhyamam Broadcasting Limited v. Union of India and connected mattersCitation: 2022 LiveLaw (Ker) 68The Court upheld the order passed by the Union Ministry of Information and Broadcasting to not renew the license granted to Malayalam news channel MediaOne for broadcast. The Court dismissed the writ petition filed by Madhyamam Broadcasting Ltd (the company running the channel) challenging the Union's decision. Justice N. Nagaresh held that after perusing the files from the Union Ministry of Home Affairs, it has found intelligence inputs that justify the denial of security clearance to the channel.Also Read: Natural Justice Principles Have Limited Role In Matters Of National Security : Kerala High Court In MediaOne Case7. News Report Claims Devotees Made To Wash Feet Of 12 Brahmins At Temple To Atone Sins : Kerala High Court Initiates Suo Motu CaseCitation: 2022 LiveLaw (Ker) 69The Court took suo motu cognisance of a news report alleging that in Sree Poornathrayeesa Temple, Tripunithura, devotees were made to wash the feet of 12 brahmins for the atonement of their sins. A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar initiated the suo motu case. The incident came to light after a Malayalam daily Kerala...

Kerala High Court Weekly Round Up: February 7 To February 12, 2022

Hannah M Varghese

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