Kerala High Court Weekly Round Up: March 14 To March 20, 2022

Nominal Index [Citations: 2022 LiveLaw (Ker) 127 - 2022 LiveLaw (Ker) 134]Chaitanya S. Nair (minor) v. Union of India & Ors, 2022 LiveLaw (Ker) 127Women in Cinema Collective & Anr v. State of Kerala & Ors., 2022 LiveLaw (Ker) 128-Centre for Constitutional Rights Research and Advocacy v. State of Kerala & Ors, 2022 LiveLaw (Ker) 129Roopesh v. State of Kerala & Ors, 2022 LiveLaw (Ker) 130Suo Motu v. State of Kerala, 2022 LiveLaw (Ker) 131M.M. Mani & Ors. v. State of Kerala, 2022 LiveLaw (Ker) 132The Registrar & Ors. v. Dr. Elizabeth K. Syriac, 2022 LiveLaw (Ker) 133State of Kerala v. Ratheesh & Anr, 2022 LiveLaw (Ker) 134Judgments This Week:1. Passport Cannot Be Denied To Child On Sole Ground That One Parent Is Non-Indian Citizen : Kerala High Court Case Title: Chaitanya S. Nair (minor) v. Union of India & Ors. Citation: 2022 LiveLaw (Ker) 127 The Court recently ruled that even if one of the parents of a minor child refused to give consent, the passport issuing authority is entitled to issue a passport to the minor, provided the requisite form is submitted. While allowing the petition of a minor girl, Justice Bechu Kurian Thomas also observed that there is no legal prohibition in incorporating a non-citizen as the legal guardian in the passport of a minor child. 2. Film Production Units Have To Form ICC Under POSH Act : Kerala High Court Orders In WCC's Plea Case Title: Women in Cinema Collective & Anr v. State of Kerala & Ors. [WP(C) 34273/2018] Citation: 2022 LiveLaw (Ker) 128 The Court observed that film production units have the responsibility to form an Internal Complaints Committee as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - commonly known as the POSH Act. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly also recorded that AMMA has volunteered to constitute an ICC and added that if AMMA constitutes an ICC as undertaken the same shall be in accordance with the provisions of the POSH Act. Also Read: WCC Case : Kerala High Court Urges AMMA, FEFKA & Other Film Bodies To Form Joint Committee To Redress Grievances Of Women Artists & Employees3. Political Parties Not Bound To Establish Internal Complaints Committee Under POSH Act : Kerala High Court Case Title: Centre for Constitutional Rights Research and Advocacy v. State of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 129 In a significant decision, the Court observed that political parties are not legally liable to establish Internal Complaints Commitee as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 since there is no employer-employee relationship among its members. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so in a PIL moved by the Centre for Constitutional Rights Research and Advocacy (CCRRA) seeking directions to constitute Internal Complaints Committee (ICC) within political parties in accordance with the POSH Act 2013.4. 'Stipulated Time Mandatory & Sacrosanct': Kerala High Court Discharges Maoist Leader Of UAPA Charges Citing Delay In State Sanction Case Title: Roopesh v. State of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 130 The Court discharged alleged Maoist leader Roopesh of charges under Unlawful Activities (Prevention) Act and sedition under Section 124A (sedition) of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran noted that the word 'shall' in the Act and the Rules cannot be said to be merely directory and pointed out that Section 45(2) specifically speaks of the recommendation of the authority and the sanction by the appropriate Government 'shall' be within such time as prescribed.5. Kerala High Court Extends Validity Of All Interim Orders Till March 25 Case Title: Suo Motu v. State of Kerala Citation: 2022 LiveLaw (Ker) 131 The Court extended the validity of all interim orders passed by the High Court and all courts and tribunals falling under the supervisory jurisdiction of the High Courttill March 25 considering the difficulties lawyers may have to face if the stay on orders is vacated immediately. As such, a full bench of Chief Justice S Manikumar, Justice A. Muhamed Mustaque and Justice Shaji P Chaly disposed of the suo motu petition.6. Ancheri Baby Political Murder: Kerala High Court Acquits Former Minister Mani And Two Other Accused Case Title: M.M. Mani & Ors. v. State of Kerala Citation: 2022 LiveLaw (Ker) 132 The Court allowed the discharge application moved by former minister M.M Mani and two others where they sought to quash the proceedings pending against them in the scandalous Ancheri Baby murder case of 1982. Kuttappan and O.G. Madhavan were the other two accused who have been discharged of...

Kerala High Court Weekly Round Up: March 14 To March 20, 2022

Hannah M Varghese

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