#keralahighcourt Archives - Page 4 of 10

28 Nov

The Kerala High Court permits students to enter District-Level Kuchipudi competitions despite underperforming at the Sub-District Level owing to “Apparent Prejudices”

Prime Legal

Blog #competition, #dance, #keralahighcourt, #kuchipudi

Title: Archa Nair v. State of Kerala
Decided on: 21 November, 2023

+ WP(C) NO. 38620 OF 2023

CORAM: HON’BLE Justice Devan Ramachandran

Introduction

Kerala High Court ordered the District Level School Kalolsavam (Annual Arts Competition) organizers to permit a student to compete in the ‘Kuchipudi’ competition, if the student was unable to perform adequately at the Sub-District level because of some “apparent prejudices”. The bench further mandated that she be granted access to all ensuing advantages.

Facts of the Case

The student petitioner took part in ‘Kuchipudi’ at Kalolsavam Sub-District School and placed second in the tournament. It was claimed that some pins and sharp objects had injured her since the stage where she played had not been adequately cleared after the previous performances. A number of other arguments were made to support the claim that her performance fell short of her expectations. When she filed an appeal against it with the Appellate Committee, it was argued, the committee rejected it without providing a reason, stating that the “Appeal stands rejected”. She prayed that the same would be lifted and that she would be allowed to take part in the District Level School Kalolsavam.

Courts analysis and decision

The court, however, rejected the argument and granted the writ petition as a result.

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Written by- Hargunn Kaur Makhija

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24 Nov

The Kerala High Court accepts the Investigating Officer’s plea asking UIDAI to release biometric information in order to identify the fingerprint of the culprit.

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Blog #keralahighcourt

Title: State of Kerala represented by the Deputy Superintendent of Police Crime Branch Wayanad v. UIDAI Represented by Deputy Director General & Others

Decided on: 20 November, 2023

+ WP (CRL.) 1156/2023

CORAM: HON’BLE Justice PV Kunhikrishnan

Introduction

The Wayanad Investigating Officer’s plea, asking UIDAI (Unique Identification Authority of India) to compare a sample fingerprint he collected (thought to be that of a culprit) with the agency’s biometric data and reveal the identity of the Aadhaar holder, was recently accepted by the Kerala High Court.

Facts of the Case

The plea claimed that the victim’s death was the result of a number of questionable circumstances, including his parents’ claim that some of the clothing on the body was not his. It became clear that the victim’s bag was missing and that a 10 rupee note had been discovered next to his corpse. Strangely, after the deceased’s body was buried, coconuts began to appear in the graveyard. It is said that even after an investigation, the perpetrators of the murder could not be identified. Expert assistance led to the discovery of a fingerprint on a copper sheet inside a coconut, which is most likely the culprit’s.

Courts analysis and decision

The matter has been scheduled for additional review on December 4, 2023.

Written by- Hargunn Kaur Makhija

24 Nov

The Kerala High Court says the state cannot get involved in religious matters and refuses to order the government to mediate the unified mass dispute at St. Mary’s Basilica.

Prime Legal

Blog #keralahighcourt

Title: Antony Joseph v. State of Kerala

Decided on: 22 November, 2023

+ W.P. (C) No. 3437 OF 2023

CORAM: HON’BLE Justice Devan Ramachandran

Introduction

The case asking for a directive to the Government to resolve a disagreement regarding unified Mass at St. Mary’s Cathedral Basilica, Ernakulam, was rejected by the Kerala High Court.

Facts of the Case

The petitioners claimed that disagreements between opposing factions were the reason the church remained closed. They therefore requested that the issue be resolved through mediation by renowned figures like the Central Police Station’s Station House Officer, the Arcbishop of Ernakulam, the Synod of the Major Archiepiscopal Church of Ernakulam, the Athiroopa Samrakshana Samithi, the Commissioner of Police, and others.

Courts analysis and decision

The Court noted that it was unable to intervene in the matter, but it did find merit in the aforementioned submissions.

Written by- Hargunn Kaur Makhija

23 Nov

The Kerala High Court said that Conflicts over the hockey team for the 2023 National Games resulted from the Sports Council’s inaction

Prime Legal

Blog #keralahighcourt, #sports

Title: Sunil D. Emmatty & Anr v. Union of India & Ors. and other connected matters

Decided on: 16 November, 2023

+ W.P. (C) No. 31063 OF 2022 and connected matters

CORAM: HON’BLE Justice Devan Ramachandran

Introduction

After receiving a report from the Observer regarding certain concerns related to the elections for Kerala Hockey, which seemingly resulted in a dispute over the selection list of players to represent the State in the National Games in November 2023, the Kerala High Court recently chastised the Sports Council for its lack of action.

Facts of the Case

Kerala Sports Council (also known as the “Sports Council”) deputed an observer to watch the May 2022 elections for “Kerala Hockey.” It is mentioned that in a report submitted to the Sports Council in July 2022, the Observer raised a few issues with the elections. Thus, two hockey players filed the first plea, claiming that the elections were unlawful since two of the candidates chosen through the process were ineligible according to the National Sports Code, 2011 (the “Sports Code, 2011”). In order to allow them to run for the position of Hockey India Executive Committee members, they therefore asked the Court to rule that the two respondents, the 6th and 7th respondents, were unqualified and to issue an order that their candidacy would not be processed (4th respondent). Furthermore, they requested that Kerala Hockey have denovo elections. Kerala Hockey then held a State Championship in June 2023 to choose players who would represent the State at the National Games in November 2023. They also created a “Provisional Selection List” with the names of those who had been provisionally selected. Following that, on November 7, 2023, the Sports Council released a new list (Sports Council List). Kerala Hockey and a few players who were on the provisional selection list consequently filed separate appeals, contesting the previously created Sports Council List and requesting its nullification.

Courts analysis and decision

Based on the report of their Observer who attended the Kerala Hockey elections, the Court held that the Sports Council would be free to finish the proceedings they had started, but it also stated that this would need to happen as soon as possible after hearing from all parties. Regarding the teams issue, the Court observed that there had been no injunction against Kerala Hockey in its capacity as the affiliated Association at the time the Provisional Selection List was created. Furthermore, it was mentioned that, at the time the interim order was issued, they were still affiliated with the Sports Council and had previously received recognition from Hockey India. It was decided that Kerala Hockey has resolved the Provisional Selection List in accordance with their authority. The Sports Council was chastised by the Court for interfering and demanding a new State Championship just days before the National Championship was scheduled to start.

Written by- Hargunn Kaur Makhija

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23 Nov

The Kerala High Court overturns the conviction of a UP couple for murder after they disposed of an infant’s body in the sea, believing it to be dead.

Prime Legal

Blog #infant, #keralahighcourt, #murder

Title: Prathibha v. State of Kerala

Decided on: 22 November, 2023

+ Criminal Appeal Nos.277 & 676 of 2019

CORAM: HON’BLE Justice P.B. Suresh Kumar

Introduction

The Kerala High Court considered whether it was appropriate to convict someone of culpable homicide under section 299 IPC if the baby’s body was thrown into the water despite being thought to be dead.

Facts of the Case

It was alleged that on October 10, 2015, the parents of the six-month-old daughter, the accused 1 and 2, had injured the child’s head and thrown the child’s body into the sea. October 16, 2015, the infant’s body was discovered in the ocean. The third accused was found guilty by the Sessions Court of helping the parents dispose of the body after they were found guilty of murder. Accused 1 and 2 have chosen to file an appeal with the High Court challenging their murder conviction.

Courts analysis and decision

The Court pointed out that the parents were only charged with disposing of the body in the sea, not with causing head injuries. The appellants’ submission, according to which they disposed of the body in the water in accordance with their burial ritual since they thought the infant was dead, was noted by the court. The Court also reviewed the witness statements and concluded that they raised suspicions that the child had been physically abused by someone; nevertheless, it pointed out that this did not establish the abuse was the result of the parents’ actions. It also noted the behaviour of the appellant mother, who brought the kid to the hospital for treatment of a hand injury. According to the social worker’s testimony, the appellant mother was discovered crying while holding the baby at the hospital. The prosecution failed to present any evidence that would have allowed the court to conclude that the parents knew the child was alive when the body was being disposed of in the water, the court noted. The Court further decided that Section 299 IPC is covered by the subtitle “of offences affecting life” and Chapter XVI, which are both captioned “of offences affecting the human body.” It was stated that the clause could not apply to the current situation because the parents did not want to kill the child or cause them any bodily harm, nor did they know that their actions would result in the infant’s death. According to the ruling, activities done on a baby that are performed with the belief that the child is dead are exempt from section 299 IPC. In light of this, the Court cleared the parents and overturned their conviction under Sections 302, 201, read with Section 34 IPC.

Written by- Hargunn Kaur Makhija

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