Kerala High Court

The Kerala High Court on Wednesday granted anticipatory bail to veteran actor-cum-director Balachandra Menon in a case accusing him of outraging the modesty of a female actor in 2007 during a film shoot, saying that men too have "pride and dignity" and not just women. The order and observation by Justice P V Kunhikrishnan came while allowing the anticipatory bail plea moved by the actor against whom the case was lodged in September this year after the release of the Justice Hema Committee report. In his plea, Menon had contended that the complaint was made after a gap of 17 years from the date of the alleged incident in 2007 and the intention was to malign his image. The court said there was "force" in his arguments as it was an admitted fact that the alleged incident happened in 2007. "It is an admitted fact that the victim filed the complaint after 17 years of the alleged incident. It is an admitted fact that the petitioner (Menon) is a known cine artist. He directed about 40 fil

The BJP on Sunday accused the Left government in Kerala of "failing" to utilise the central funds in the SDRF and the NDRF for the relief and rehabilitation of Wayanad landslide survivors and carrying out "fake propaganda" against the union government. The saffron party said that the Narendra Modi government has provided sufficient funds to Kerala through the State Disaster Response Fund (SDRF) and the the National Disaster Response Fund (NDRF). "The Pinarayi government is sitting on available funds and blames the Centre," senior BJP leader and Union Minister Prakash Javadekar alleged in a social media post. In a hard-hitting X post, he said the Centre has allocated over Rs 500 crore for this purpose through SDRF, which already has a balance of approximately Rs 700 crore. "The state has failed to utilise the Rs 700 crore in the calamity fund. People world over have donated to CM Relief fund. This is also not used. This is the hypocrisy of LDF and UDF, and their fake propaganda has

The Kerala High Court on Saturday criticised the state government and its disaster management authority (SDMA), saying their figures regarding the funds in connection with rehabilitation of the landslides-hit areas of Wayanad are "inaccurate". A bench of Justices A K Jayasankaran Nambiar and Mohmmed Nias C P also questioned why the funds were being delayed for months and observed that it was turning into another disaster. It said when asking for assistance from the Centre, the state government should provide accurate figures. The court observed that auditing was not accurate and the funds were not being handled properly. It directed the government and the State Disaster Management Authority (SDMA) to submit accurate figures regarding the funds. It directed that the amount allocated from the Rs 677 crore in the State Disaster Response Fund (SDRF) for rehabilitation, the amount spent and the amount required should be placed before the court. The state government told the court that

The Kerala High Court on Friday criticised the Centre and state governments for lack of clarity regarding the disaster relief and rehabilitation fund accounts in connection with the landslides that hit Wayanad in July this year. A bench of Justices A K Jayasankaran Nambiar and Mohmmed Nias C P directed that the Finance Officer of the State Disaster Management Authority be present in person on Saturday to present the accounts. The court also posed several queries, including how much funds were required for reconstruction and rehabilitation of the landslides-hit areas of Wayanad and the amount of financial assistance to be provided by the Centre, to which it wanted answers. The queries also included how much amount was there in the relief fund before the disaster, how much was available for use out of it and what portion of the amount allocated by the Centre was utilised. The bench said once these queries are addressed, it will issue further directions. The queries from the court ca

Hema Committee was formed in response to a 2017 sexual assault case involving an actor and submitted its report to the Chief Minister on December 31, 2019

The court questioned how the hartal could be justified and asked why the ruling CPI(M)-led LDF went for it

The Kerala High Court has observed that section 52A of the Waqf Act, which was inserted by an amendment in 2013, does not say that those in occupation of waqf property prior to that can be prosecuted for alienating such land without the Waqf Board's sanction. The observation by Justice P V Kunhikrishnan came while quashing the criminal proceedings against two officials of the Department of Posts for allegedly alienating waqf property without the Waqf Board's permission. The criminal proceedings were initiated against the officials on a complaint by the Kerala State Waqf Board. Quashing the criminal proceedings pending before a magisterial court in Kozhikode, the High Court said the post office was functioning on the waqf property since 1999 and section 52A of the Act does not show that a person who is in occupation of such land even prior to the insertion of the provision were liable to be prosecuted. "Hence, I am of the considered opinion that the prosecution against the petitione

The Kerala High Court on Thursday said the investigation into the various cases in connection with the revelations of sexual assault and harassment in the Justice Hema Committee report was progressing well. A special division bench of Justices A K Jayasankaran Nambiar and C S Sudha made the observation after the state government filed a report indicating the progress in the probe in 26 FIRs registered in connection with the revelations in the report. The court also appointed an amicus curiae to collect and coordinate the various reports, suggestions and draft legislation relating to the issue of sexual harassment in the film industry. The bench was hearing several petitions related to the report of the panel. The Advocate General (AG) appearing for the state and the police told the court that of the 26 FIRs registered in connection with the revelations in the report, in five, the complainants are refusing to cooperate with the investigation and in three, the complainants said their

The Kerala High Court has quashed a criminal case against film director Sreekumar Menon who was accused by a prominent Malayalam actress of abusing and defaming her, saying that mere utterances of unpleasant words against a woman would not result in insult to her modesty. The order by Justice S Manu came on the plea by Menon, who is the director of the 2018 Indian Malayalam-language fantasy drama film 'Odiyan' starring Mohanlal. The female actor had alleged that the director had engaged in defaming her during the shooting, promotion and release of the film 'Odiyan' in which she too had a role. She had also alleged that he behaved in an indecent manner with her and mentally harassed her at the shooting locations. She later claimed that Menon also used abusive words against her in front of people at Dubai airport. Based on her complaint, an FIR under sections 354D (stalking), 294(b) (use of obscene words in a public place) and 509 (word, gesture or act intended to insult the modesty

The Kerala High Court on Wednesday stayed further proceedings in connection with the discharge of BJP state president K Surendran and five others by a sessions court from the Manjeshwaram election bribery case. Justice K Babu admitted the criminal revenue petition moved against the sessions court's October 5 order by the state government. "Admit. Further proceedings stayed. Post on November 8," the High Court said. On October 5, Surendran and the others were discharged by Kasaragod Sessions Judge Sanu S Panicker. The sessions judge, allowing the discharge plea of the accused, had said that the first accused -- Surendran -- was discharged of the offences under various provisions of the IPC and the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act 1989. "Since the first accused is discharged of the alleged offences, I do not find any grounds to proceed against the other accused also. Hence, they are also discharged of all the alleged offences," the sessions court ha

The Kerala High Court on Monday directed the SIT investigating the sexual abuse allegations in the Malayalam film industry to probe the widespread use of alcohol and drugs on film shooting sets and other related work places. A special division bench of Justices A K Jayasankaran Nambiar and C S Sudha, hearing the PIL regarding the Justice Hema Committee report and related matters, directed that necessary steps should be taken, as and when required in the future, to prevent the rampant use of alcohol and drugs at shooting locations and other connected work sites, and said this was in violation of law. The bench directed the Special Investigation Team (SIT) to investigate the matter and take necessary action as per law. The Justice Hema panel was constituted by the Kerala government after the 2017 actress assault case and its report revealing instances of harassment and exploitation of women in the Malayalam cinema industry. Following allegations of sexual harassment and exploitation

The Kerala High Court on Monday dismissed a petition seeking a fresh probe into the alleged illegal access of a memory card, which is crucial evidence in the sensational actress assault case of 2017. The survivor in the assault case had approached the high court to set aside the fact-finding inquiry report submitted by the Ernakulam Sessions and District Judge on January 8, 2024, and to order a fresh investigation into the matter. The high court ruled that the plea was not maintainable. However, the court stated that the complainant could seek appropriate legal proceedings in accordance with the law. In her plea, the survivor had claimed that a mere reading of the inquiry report with regard to the illegal access of the devices indicates that the authority carrying out the probe "never conducted a fair, free and complete" investigation as directed by the High Court. The survivor had contended that the report is liable to be quashed and urged that a fresh probe be carried out by a .

With the whereabouts unknown of Malayalam actor Sidhique, who was denied anticipatory bail by the Kerala High Court in a rape case, the police have intensified their search for him by publishing a lookout notice in newspapers seeking information about him. The lookout notice in the newspapers states that 65-year-old Sidhique is an accused in a rape-cum-criminal intimidation case and anyone with information about him should contact the Commissioner of Police of Thiruvananthapuram city or the Deputy Inspector General of Police, Thiruvananthapuram Range. Besides them, the Assistant Commissioner of Police, Narcotic cell, Thiruvananthapuram or the Museum police station can also be contacted, the notice said. The notice, which carries a photo of the actor, also contains his physical description -- 5.7 feet tall and well-built. Sidhique has moved the Supreme Court seeking anticipatory bail in the rape case after the Kerala High Court on Tuesday ( September 24), had denied him relief. Th

Out of 749 judges serving across 25 High Courts nationwide, only 98 have made their asset declarations publicly available on their respective High Court websites

The Supreme Court on Thursday reserved its judgement on a plea filed by CPI(M) leader A Raja challenging the order of the Kerala High Court which set aside his election from Devikulam Assembly seat in Idukki district. Congress leader D Kumar, who was the runner-up in the 2021 Assembly polls, has alleged that Raja was not qualified to contest the Devikulam seat reserved for the Scheduled Caste (SC) community. A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih heard submissions from senior advocates V Giri and Narender Hooda appearing for Raja and Kumar respectively. The top court was hearing a plea filed by Raja against the March 20, 2023 order of the Kerala High Court. The high court had passed the order on an election petition filed by Congress leader D Kumar, who was the runner-up in the 2021 Assembly polls, alleging that Raja was not qualified to contest the Devikulam seat reserved for the Scheduled Caste (SC) community. Raja, opposing the

The Supreme Court also recommended a shift in terminology from 'child pornography' to 'child sexually abusive and exploitative material'

The Kerala High Court on Thursday said it will constitute a five-judge special bench to hear cases related to the Justice Hema Committee report. A bench of Acting Chief Justice A Muhamed Mustaque and Justice S Manu made this oral observation while hearing a plea challenging a single judge's decision allowing release of the committee's report. The special bench would also comprise women judges, the High Court said in its oral observation, a lawyer associated with the petition said. The single judge on August 13 had allowed release of the report by dismissing a plea challenging the State Information Commission's order permitting the panel's findings and recommendations to be made public. The single judge order came while rejecting the plea by Sajimon Parayil, a film producer, who had challenged the Information Commission's July 5 order directing the State Public Information Officer (SPIO) to reasonably disseminate the information in the report while ensuring that it does not compromi

The landslides that hit Wayanad district in Kerala claiming over 200 lives was just another instance of nature reacting to human "apathy and greed", the High Court here has said. The court said that the "warning signs" had appeared a long time ago but "we chose to ignore them in pursuit of a development agenda that would supposedly put our state on the high road to economic prosperity". It said that the natural disasters in 2018 and 2019, the pandemic that persisted for nearly two years and the recent landslides "have shown us the error of our ways". "If we do not mend our ways and take affirmative remedial action now, perhaps it will be too late," a bench of justices A K Jayasankaran Nambiar and Syam Kumar V M said while hearing a plea initiated on its own by the court following the July 30 landslides that completely wiped away three villages in Wayanad with 119 people still unaccounted for. The court suo motu initiated the PIL "to persuade the state government to introspect on it

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Kodikunnil Suresh, the opposition's pick for the Lok Sabha speaker who will go up against the BJP's Om Birla, is a Congress veteran, an eight-term MP and one whose election in 2009 was declared invalid by the Kerala High Court before being restored by the Supreme Court. Birla is seeking his second term as the speaker of the Lower House of Parliament. Suresh, 66, won from the Mavelikkara (SC) constituency in Kerala with a margin of just 10,000 votes. His first name is derived from Kodikunnil, in Thiruvananthapuram, where he was born on June 4, 1962. Suresh was first elected to the Lok Sabha in 1989 and then again in the 1991, 1996 and 1999 elections. He lost the polls in 1998 and 2004. In 2009, he won again but his victory was challenged by his nearest rival who alleged that Suresh, then a five-time MP, produced a fake caste certificate and that he was a Christian. The Kerala High Court had declared his election invalid but the decision was later overturned by the Supreme ...