Kerala High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 259 - 273]Nushath Koyamu v. Union of India & Ors, 2022 LiveLaw (Ker) 259Sharafudheen V.T v. State of Kerala & Ors, 2022 LiveLaw (Ker) 260Manager, KPM Higher Secondary School & Anr v. State of Kerala & Ors, 2022 LiveLaw (Ker) 261Anzar v. Sreedeviyamma & Anr, 2022 LiveLaw (Ker) 262Kerala State Board of International Human Rights Council v. State of Kerala, 2022 LiveLaw (Ker) 263K.P. Sasikala & Anr. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 264Suo Motu v. State of Kerala & Ors, 2022 LiveLaw (Ker) 265Jaffer Khan v. State of Kerala & Ors, 2022 LiveLaw (Ker) 266Ayshommabi AM @ Aysha Sulthana v Union Territory of Lakshadweep, 2022 LiveLaw (Ker) 267K.M. Abdul Jaleel v. Thazhe Iravath Rabiya & Ors, 2022 LiveLaw (Ker) 268S. Dhanalakshmi v. Sahal V.J & Anr, 2022 LiveLaw (Ker) 269Swapna Prabha Suresh & Anr. v. Station House Officer & Anr, 2022 LiveLaw (Ker) 270Anoop v State of Kerala & Ors, 2022 LiveLaw (Ker) 271Antony v. V.K. Suresh & Ors, 2022 LiveLaw (Ker) 272Dhruv Sai Kiran v. Union of India, 2022 LiveLaw (Ker) 273Judgments This Week:1. Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High CourtCase Title: Nushath Koyamu v. Union of India & Ors. Citation: 2022 LiveLaw (Ker) 259The Court has recently ruled that failure to supply the documents which were relied upon by the detaining authority for arriving at the subjective satisfaction to pass the detention order affects the rights of the detenus under Article 22(5) of the Constitution of India, particularly when they were specifically requested for by them. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P, therefore, quashed the detention order observing that the non-supply of the documents had vitally affected the right of the detenus under Article 22(5).2. Interfaith Marriage| Kerala High Court Dismisses Habeas Plea Moved By Husband Finding Wife Feared Ill-Treatment From His ParentsCase Title: Sharafudheen V.T v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 260The Court recently dismissed a habeas corpus petition filed by a husband seeking the production of his wife in an interfaith marriage finding that the wife had grave apprehensions about her safety at the petitioner's residence. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran dismissed the petition filed by the husband contending that his wife has been illegally confined by her father.3. Likely To Cause Serious Hardship To All Stakeholders: High Court Stays Recent Amendments To Kerala Education Rules For One MonthCase Title: Manager, KPM Higher Secondary School & Anr v. State of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 261The Court stayed the operation of the recent amendments to the Kerala Education Rules (KER) for one month as an interim relief in a plea that challenged certain provisions of the said amendment. Justice Raja Vijayaraghavan took the prima facie view that the petitioners had made out a good case on merits.4. Amendment With Inconsistent Pleas Without Retracting Wilful Admission In Written Statement Permitted: Kerala High CourtCase Title: Anzar v. Sreedeviyamma & Anr. Citation: 2022 LiveLaw (Ker) 262The Court has recently ruled that an amendment application containing inconsistent pleas with that of the original written statement can be submitted without withdrawing wilful admission raised in the statement and that such applications were bound to be admissible. Justice A. Badharudeen thereby set aside the order of the lower court which had dismissed an amendment application finding it to be inconsistent with the petitioner's earlier stand in his written statement.5. Actor Assault Case | Kerala High Court Dismisses Plea Challenging Appointment Of New Supervisor For SITCase Title: Kerala State Board of International Human Rights Council v. State of KeralaCitation: 2022 LiveLaw (Ker) 263The High Court dismissed the petition challenging the transfer of ADGP S. Sreejith from the post of Crime Branch chief and the supervising officer of the 2017 actor sexual assault case. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed the petition noting that the Court cannot interfere in the State's policy matters after the State submitted a report containing the transfer order and information on the new investigation team as directed.6. Kerala High Court Quashes Proceedings Against K.P Sasikala, SJR Kumar In Sabarimala Violence CaseCase Title: K.P. Sasikala & Anr. v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 264The High Court recently dropped all charges against Hindu Aikya Vedi leader K. P. Sasikala and General Convenor of Sabarimala Karma Samithi SJR Kumar for purportedly triggering a dawn-to-dusk hartal in the State to protest the entry of women into Sabarimala temple in 2018. The said hartal had resulted in large-scale vandalism against which a PIL was moved before this Court to fix liability for...

Kerala High Court Weekly Round Up: June 6 To June 12, 2022

Hannah M Varghese

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