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Tag: Kerala High Court

  • VSSC examination fraud: Kerala HC says impersonating in aggressive exams needs to be dealt sternly

    By Express News Service

    KOCHI: The Kerala High Court has noticed that impersonating in a aggressive examination just like the one carried out by the Vikram Sarabhai Space Centre (VSSC) needs to be handled sternly.

    The court docket stated that the crime alleged to have been dedicated by the accused was a really critical one among attempting to get employment by rigging the examination of a strategic group like VSSC, which impacts the candidates who wrote the examination, the organisation, and the credibility of the choice course of itself.

    “Fraudulent practices to gain public employment cannot be countenanced by a court of law. All the stakeholders are hoodwinked by manipulating and corrupting the selection process of a premier organisation in the country, which all are proud of,” stated Justice Muhammed Nias CP.

    The court docket’s remark got here whereas dismissing the bail plea of Amith of Haryana, the primary accused in a case associated to the malpractice within the VSSC Technician-B (Fitter) examination carried out within the state. The counsel for the petitioner submitted that he’s employed within the Army, was on go away, and had accompanied his good friend who was to look for the examination. He has been in custody since August 22.

    The prosecution submitted that the investigation revealed the presence of the petitioner within the corridor. The occupancy register of the resort additionally confirmed the identical. There is proof no less than prima facie to indicate that the petitioner has entered the examination corridor with the corridor ticket and associated paperwork of the second accused and wrote the examination on behalf of the second accused, clearly pointing to his culpability. The prosecution additionally raised a fear that the accused, being from one other state, would abscond and impede the proceedings within the investigation and trial.

    The court docket stated that since all of the accused concerned on this case are to be recognized and apprehended, granting bail to the primary accused will surely hamper the investigation and assist the opposite accused escape.

    READ MORE | ‘Paper solver gang’ behind VSSC examination malpractice: Kerala police

    KOCHI: The Kerala High Court has noticed that impersonating in a aggressive examination just like the one carried out by the Vikram Sarabhai Space Centre (VSSC) needs to be handled sternly.

    The court docket stated that the crime alleged to have been dedicated by the accused was a really critical one among attempting to get employment by rigging the examination of a strategic group like VSSC, which impacts the candidates who wrote the examination, the organisation, and the credibility of the choice course of itself.

    “Fraudulent practices to gain public employment cannot be countenanced by a court of law. All the stakeholders are hoodwinked by manipulating and corrupting the selection process of a premier organisation in the country, which all are proud of,” stated Justice Muhammed Nias CP.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

    The court docket’s remark got here whereas dismissing the bail plea of Amith of Haryana, the primary accused in a case associated to the malpractice within the VSSC Technician-B (Fitter) examination carried out within the state. The counsel for the petitioner submitted that he’s employed within the Army, was on go away, and had accompanied his good friend who was to look for the examination. He has been in custody since August 22.

    The prosecution submitted that the investigation revealed the presence of the petitioner within the corridor. The occupancy register of the resort additionally confirmed the identical. There is proof no less than prima facie to indicate that the petitioner has entered the examination corridor with the corridor ticket and associated paperwork of the second accused and wrote the examination on behalf of the second accused, clearly pointing to his culpability. The prosecution additionally raised a fear that the accused, being from one other state, would abscond and impede the proceedings within the investigation and trial.

    The court docket stated that since all of the accused concerned on this case are to be recognized and apprehended, granting bail to the primary accused will surely hamper the investigation and assist the opposite accused escape.

    READ MORE | ‘Paper solver gang’ behind VSSC examination malpractice: Kerala police

  • Kerala HC directs state police chief to reply on motion to be taken in opposition to ‘evaluate bombing’ 

    By Express News Service

    KOCHI: In an try and curb the web phenomena of ‘evaluate bombing’ aimed toward denigrating newly launched motion pictures, the Kerala High Court has directed the state police chief to reply as to what motion must be taken in opposition to motivated and calculated critiques made solely to extort and blackmail.

    Justice Devan Ramachandran, whereas coping with a petition filed by Mubeen Rauf, director of the film ‘Aromalinte Aadyathe Pranayam,’ noticed that clearly, scrutiny on the stage of acceptance of a criticism could also be required, coupled with a preliminary inquiry earlier than a case is registered.

    The protocols on this regard should be very fastidiously considered, to make sure that trustworthy and bona fide ‘reviews’ are distinguished, from motivated and malafide ones, the choose noticed.

    In the petition, Mubeen Rauf alleged that there’s an organized racket concerned in targetting motion pictures with the intention of unjust enrichment, coupled with blackmail and extortion.

    Further, the court docket directed the police chief to inform how a person or an entity can file a criticism in opposition to actions, together with illegal and motivated ‘Review Bombing’.

    The court docket noticed that each film is an mental property. Apart from being so, it additionally entails the repute, sweat, blood, and aspirations of a number of folks, not merely the producers, lead stars, or the administrators. There must be some measures in place the place administrators, producers, or different individuals related to motion pictures could make complaints, to set off a correct investigation and the results flowing therefrom – each below the Penal Law and below the legal guidelines referring to Cyber Crimes.

    The amicus curiae appointed by the court docket knowledgeable that there are enough supplies to ascertain that there are such vested pursuits, a few of whom even assume that they will ‘make or break movies’. There is even a phrase for these actions, referred to as ‘Review Bombing’, mentioned the amicus curiae.

    Suvin R. Menon –Central Government Counsel, mentioned that the functionaries of the Central Government are additionally conscious of this downside – not solely in Kerala however in many different elements of India, due to this fact they may even deliberate upon this and inform ideas earlier than the court docket. The court docket additional sought ideas from
    the state authorities to make sure that the film trade shouldn’t be subjected to denigration on account of the unlawful actions of some folks, whose intent is extortion and blackmail, amongst others.

    The court docket mentioned that the web is a really highly effective medium; however sadly, typically and in distinctive circumstances, it turns into a playground for the wildest predilections of vested pursuits, whose intents are unlawful and deleterious.

    KOCHI: In an try and curb the web phenomena of ‘evaluate bombing’ aimed toward denigrating newly launched motion pictures, the Kerala High Court has directed the state police chief to reply as to what motion must be taken in opposition to motivated and calculated critiques made solely to extort and blackmail.

    Justice Devan Ramachandran, whereas coping with a petition filed by Mubeen Rauf, director of the film ‘Aromalinte Aadyathe Pranayam,’ noticed that clearly, scrutiny on the stage of acceptance of a criticism could also be required, coupled with a preliminary inquiry earlier than a case is registered.

    The protocols on this regard should be very fastidiously considered, to make sure that trustworthy and bona fide ‘reviews’ are distinguished, from motivated and malafide ones, the choose noticed.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

    In the petition, Mubeen Rauf alleged that there’s an organized racket concerned in targetting motion pictures with the intention of unjust enrichment, coupled with blackmail and extortion.

    Further, the court docket directed the police chief to inform how a person or an entity can file a criticism in opposition to actions, together with illegal and motivated ‘Review Bombing’.

    The court docket noticed that each film is an mental property. Apart from being so, it additionally entails the repute, sweat, blood, and aspirations of a number of folks, not merely the producers, lead stars, or the administrators. There must be some measures in place the place administrators, producers, or different individuals related to motion pictures could make complaints, to set off a correct investigation and the results flowing therefrom – each below the Penal Law and below the legal guidelines referring to Cyber Crimes.

    The amicus curiae appointed by the court docket knowledgeable that there are enough supplies to ascertain that there are such vested pursuits, a few of whom even assume that they will ‘make or break movies’. There is even a phrase for these actions, referred to as ‘Review Bombing’, mentioned the amicus curiae.

    Suvin R. Menon –Central Government Counsel, mentioned that the functionaries of the Central Government are additionally conscious of this downside – not solely in Kerala however in many different elements of India, due to this fact they may even deliberate upon this and inform ideas earlier than the court docket. The court docket additional sought ideas from
    the state authorities to make sure that the film trade shouldn’t be subjected to denigration on account of the unlawful actions of some folks, whose intent is extortion and blackmail, amongst others.

    The court docket mentioned that the web is a really highly effective medium; however sadly, typically and in distinctive circumstances, it turns into a playground for the wildest predilections of vested pursuits, whose intents are unlawful and deleterious.

  • Kerala HC names baby after estranged mother and father fail to reach at consensus

    By PTI

    KOCHI: The Kerala High Court has named a three-year-old baby, after the woman’s estranged mother and father couldn’t arrive at a consensus on what they need to title her.

    Justice Bechu Kurian Thomas, in an order issued final month, stated the title steered by the mom, with whom the kid is presently residing, must be given due significance, whereas the title of the daddy can also be to be included because of the absence of any dispute on paternity.

    The matter pertained to an estranged couple combating over their daughter’s title.

    As the start certificates issued to the woman had no title on it, her mom tried to register a reputation.

    However, the Registrar of births and deaths insisted on the presence of each mother and father earlier than him to register the title.

    As the couple couldn’t arrive at a consensus on the title, the mom approached the High Court.

    The baby was born on February 12, 2020 and the connection between the mother and father turned bitter.

    The courtroom, in its September 5 order, noticed that whereas invoking its parens patriae jurisdiction, the paramount consideration was the welfare of the kid and never the rights of the mother and father.

    “While choosing a name, factors like the welfare of the child, cultural considerations, interests of parents and societal norms can be reckoned by the court. The ultimate objective being the well-being of the child, the court has to adopt a name, taking into consideration the overall circumstances. Thus, this court is compelled to exercise its parens patriae jurisdiction to select a name for the child,” the courtroom stated.

    Parens patriae is a authorized precept which envisages the state or the courtroom in a protecting position over its residents.

    KOCHI: The Kerala High Court has named a three-year-old baby, after the woman’s estranged mother and father couldn’t arrive at a consensus on what they need to title her.

    Justice Bechu Kurian Thomas, in an order issued final month, stated the title steered by the mom, with whom the kid is presently residing, must be given due significance, whereas the title of the daddy can also be to be included because of the absence of any dispute on paternity.

    The matter pertained to an estranged couple combating over their daughter’s title.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

    As the start certificates issued to the woman had no title on it, her mom tried to register a reputation.

    However, the Registrar of births and deaths insisted on the presence of each mother and father earlier than him to register the title.

    As the couple couldn’t arrive at a consensus on the title, the mom approached the High Court.

    The baby was born on February 12, 2020 and the connection between the mother and father turned bitter.

    The courtroom, in its September 5 order, noticed that whereas invoking its parens patriae jurisdiction, the paramount consideration was the welfare of the kid and never the rights of the mother and father.

    “While choosing a name, factors like the welfare of the child, cultural considerations, interests of parents and societal norms can be reckoned by the court. The ultimate objective being the well-being of the child, the court has to adopt a name, taking into consideration the overall circumstances. Thus, this court is compelled to exercise its parens patriae jurisdiction to select a name for the child,” the courtroom stated.

    Parens patriae is a authorized precept which envisages the state or the courtroom in a protecting position over its residents.

  • Kerala High Court grants bail to Sharon homicide case accused

    KOCHI: The proper to bail can’t be denied merely due to the emotions of the group being towards the accused, Kerala High Court stated on Monday whereas granting bail to a girl who allegedly poisoned to loss of life a 23-year-old man in October final 12 months.

    Justice Mohammed Nias C P, granted bail to 22-year-old Greeshma, who’s accused of poisoning her good friend, Sharon, by giving him some kashayam (Ayurvedic decoction) and expired juice.

    While granting the bail, the courtroom noticed that the accused had absolutely cooperated with the investigation and in addition took into consideration her younger age.

    Parassala native Sharon (23) handed away on October 25, 2022, after being admitted to the medical school hospital in Thiruvananthapuram for almost 11 days.

    His household had alleged that he was poisoned by his feminine good friend, Greeshma, and her household by giving him some kashayam and expired juice.

    “I also cannot lose sight of the fact that the accused is a woman aged 22, in the light of the proviso to S.437 Cr.P.C. I also note that the accused has been in custody since October 31, 2022, and the prosecution raises no apprehension that if released on bail, the petitioner is likely to abscond,” Justice Nias noticed.

    The courtroom stated it was “trite that there is a presumption of innocence, meaning a person is believed to be innocent until found guilty”.

    “It is also to be borne in mind that the principle is that bail is the rule and jail is the exception, which is the touchstone of Article 21 of the Constitution of India,” the courtroom stated.

    It added that after the cost sheet was filed, a powerful case should be made for putting an individual in judicial custody.

    “The right to bail is not to be denied merely because of the sentiments of the community being against the accused, nor can bail be withheld as a punishment, pending trial. Accordingly, this application is allowed, and the petitioner is granted bail,” the courtroom stated.

    The courtroom additionally thought of Greeshma’s submission that her identify didn’t determine within the dying declaration of Sharon.

    It directed the accused to furnish a bond of Rs one lakh and two solvent sureties every for the like sum and to not intervene within the probe.

    According to the prosecution, Sharon handed away resulting from a number of organ failure.

    His dad and mom alleged that he had gone to his feminine good friend’s home on October 14 and later developed uneasiness together with vomiting.

    Sharon’s household had claimed that the medical doctors instructed them that some sort of acid substance had broken his inner organs.

    KOCHI: The proper to bail can’t be denied merely due to the emotions of the group being towards the accused, Kerala High Court stated on Monday whereas granting bail to a girl who allegedly poisoned to loss of life a 23-year-old man in October final 12 months.

    Justice Mohammed Nias C P, granted bail to 22-year-old Greeshma, who’s accused of poisoning her good friend, Sharon, by giving him some kashayam (Ayurvedic decoction) and expired juice.

    While granting the bail, the courtroom noticed that the accused had absolutely cooperated with the investigation and in addition took into consideration her younger age.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );

    Parassala native Sharon (23) handed away on October 25, 2022, after being admitted to the medical school hospital in Thiruvananthapuram for almost 11 days.

    His household had alleged that he was poisoned by his feminine good friend, Greeshma, and her household by giving him some kashayam and expired juice.

    “I also cannot lose sight of the fact that the accused is a woman aged 22, in the light of the proviso to S.437 Cr.P.C. I also note that the accused has been in custody since October 31, 2022, and the prosecution raises no apprehension that if released on bail, the petitioner is likely to abscond,” Justice Nias noticed.

    The courtroom stated it was “trite that there is a presumption of innocence, meaning a person is believed to be innocent until found guilty”.

    “It is also to be borne in mind that the principle is that bail is the rule and jail is the exception, which is the touchstone of Article 21 of the Constitution of India,” the courtroom stated.

    It added that after the cost sheet was filed, a powerful case should be made for putting an individual in judicial custody.

    “The right to bail is not to be denied merely because of the sentiments of the community being against the accused, nor can bail be withheld as a punishment, pending trial. Accordingly, this application is allowed, and the petitioner is granted bail,” the courtroom stated.

    The courtroom additionally thought of Greeshma’s submission that her identify didn’t determine within the dying declaration of Sharon.

    It directed the accused to furnish a bond of Rs one lakh and two solvent sureties every for the like sum and to not intervene within the probe.

    According to the prosecution, Sharon handed away resulting from a number of organ failure.

    His dad and mom alleged that he had gone to his feminine good friend’s home on October 14 and later developed uneasiness together with vomiting.

    Sharon’s household had claimed that the medical doctors instructed them that some sort of acid substance had broken his inner organs.

  • With 8,506 instances, Pocso pendency excessive in Kerala

    Express News Service

    KOCHI: Though the state authorities has established fast-track and particular courts to make sure speedy trial in instances underneath the Protection of Children from Sexual Offences (Pocso) Act, the massive backlog of instances is delaying justice for victims.

    There are three instances for which trial has been pending since 2010. These have been introduced underneath the Pocso Act when it was enacted and enforced in 2012. There have additionally been cases the place delays have resulted in victims being compelled to backtrack.

    According to the Home Department, 8,506 instances are pending earlier than courts throughout the state as of July 31, 2023. Of these, 1,384 are with Thiruvananthapuram courts, Ernakulam a detailed second with 1,147 instances. The long-drawn strategy of issuing forensic experiences and appointing particular prosecutors is primarily contributing to the backlog, say specialists.

    There are too many courts, however just a few victims get justice, famous former director common of prosecution T Asaf Ali. “Trial delays will lead to disappearance of evidence by way of death of victims or non-availability of material witnesses. Establishing new courts and change of working hours alone will not reduce pendency. The lack of training of judicial officers of lower courts is one of the main reasons. It is desirable to utilise the services of retired judges to reduce pendency,” he mentioned.

    The dwelling division has constituted a committee to watch trials and disposal charges. The panel will compile month-to-month statistics and submit them earlier than HC judges who’re accountable for every district. Of the 56 sanctioned courts, 54 have began functioning. A directive has additionally been issued to make sure that forensic lab experiences aren’t delayed. 

    Court timings should be reworked: HC lawyer

    “The HC, through maximum monitoring, and the state government, through strenuous efforts, are attempting to comply with statutory mandates of trying pocso matters in a timebound manner,” mentioned Kerala State Legal Service Authority’s Victim Rights Centre (VRc) challenge coordinator Parvathy Menon.

    “We have been witnessing a large number of cases where the survivor and their families go on the back foot due to severe pressure from the accused, families and social circles. Such pressure is all the more when perpetrators are within the family. In cases where survivors are not institutionalised, families either send survivors abroad or victims are pressured by family and peers to withdraw cases. The family often sends survivors abroad either with the good intention of helping them outlive the trauma or to avoid social policing which could be more traumatic. In these attempts to ‘settle’ the matter, cases get prolonged,” she mentioned.

    “We need more judges. Moreover, court timings need to be reworked. Though specific officers handle pocso offences in police stations, investigation in such cases can be speeded up if they are separated from those handled by the regular law and order wing,” mentioned Raghul Sudheesh, lawyer with Kerala High court docket.

    The dwelling division has adopted steps to expeditiously eliminate instances of victims residing in youngsters’s and Nirbhaya properties and comparable establishments. The presence of investigating officers and witnesses for clean conduct and speedy disposal of instances shall be ensured.

    To keep away from undue delay attributable to non-appointment of prosecutors, the federal government has issued instructions to nominate public prosecutors and particular public prosecutors and accord them coaching on the district stage.

    KOCHI: Though the state authorities has established fast-track and particular courts to make sure speedy trial in instances underneath the Protection of Children from Sexual Offences (Pocso) Act, the massive backlog of instances is delaying justice for victims.

    There are three instances for which trial has been pending since 2010. These have been introduced underneath the Pocso Act when it was enacted and enforced in 2012. There have additionally been cases the place delays have resulted in victims being compelled to backtrack.

    According to the Home Department, 8,506 instances are pending earlier than courts throughout the state as of July 31, 2023. Of these, 1,384 are with Thiruvananthapuram courts, Ernakulam a detailed second with 1,147 instances. The long-drawn strategy of issuing forensic experiences and appointing particular prosecutors is primarily contributing to the backlog, say specialists.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

    There are too many courts, however just a few victims get justice, famous former director common of prosecution T Asaf Ali. “Trial delays will lead to disappearance of evidence by way of death of victims or non-availability of material witnesses. Establishing new courts and change of working hours alone will not reduce pendency. The lack of training of judicial officers of lower courts is one of the main reasons. It is desirable to utilise the services of retired judges to reduce pendency,” he mentioned.

    The dwelling division has constituted a committee to watch trials and disposal charges. The panel will compile month-to-month statistics and submit them earlier than HC judges who’re accountable for every district. Of the 56 sanctioned courts, 54 have began functioning. A directive has additionally been issued to make sure that forensic lab experiences aren’t delayed. 

    Court timings should be reworked: HC lawyer

    “The HC, through maximum monitoring, and the state government, through strenuous efforts, are attempting to comply with statutory mandates of trying pocso matters in a timebound manner,” mentioned Kerala State Legal Service Authority’s Victim Rights Centre (VRc) challenge coordinator Parvathy Menon.

    “We have been witnessing a large number of cases where the survivor and their families go on the back foot due to severe pressure from the accused, families and social circles. Such pressure is all the more when perpetrators are within the family. In cases where survivors are not institutionalised, families either send survivors abroad or victims are pressured by family and peers to withdraw cases. The family often sends survivors abroad either with the good intention of helping them outlive the trauma or to avoid social policing which could be more traumatic. In these attempts to ‘settle’ the matter, cases get prolonged,” she mentioned.

    “We need more judges. Moreover, court timings need to be reworked. Though specific officers handle pocso offences in police stations, investigation in such cases can be speeded up if they are separated from those handled by the regular law and order wing,” mentioned Raghul Sudheesh, lawyer with Kerala High court docket.

    The dwelling division has adopted steps to expeditiously eliminate instances of victims residing in youngsters’s and Nirbhaya properties and comparable establishments. The presence of investigating officers and witnesses for clean conduct and speedy disposal of instances shall be ensured.

    To keep away from undue delay attributable to non-appointment of prosecutors, the federal government has issued instructions to nominate public prosecutors and particular public prosecutors and accord them coaching on the district stage.

  • Kerala HC rejects plea to erect saffron flag at temples

    By IANS

    KOCHI: The Kerala High Court has dismissed a petition looking for permission to erect saffron flags on the premises of the Muthupilakkadu Sree Parthasarathy temple at Kollam.

    The Court mentioned, “Temples stand as beacons of spiritual solace and tranquility, their sanctity and reverence being of paramount importance. Such hallowed spiritual grounds must not be diminished by political maneuverings or attempts at one-upmanship. …The actions and intentions of the petitioners are clearly at odds with the serene and sacred atmosphere to be maintained in the temple”, the Court mentioned in its judgment.

    The petition was moved by two individuals who claimed to be devotees of the Muthupilakkadu Sree Parthasarathy temple.

    In 2022, they shaped “Parthasarathy Baktha Jana Samithi,” aimed on the welfare of the temple and its devotees.

    They identified that their makes an attempt to place up saffron flags on temple premises throughout particular events and festivals had been at all times thwarted by the respondents, who allegedly used their political affect.

    Therefore, they sought an order from the court docket to direct the police to provide them safety in order that they aren’t obstructed from erecting the flags.

    But the Government Pleader identified that permitting the petitioners to embellish the temple with flags and festoons related to a sure political get together could be akin to permitting the temple for use as a battleground for political one-upmanship.

    He additional identified that there have been quite a few clashes on the temple premises as a result of actions of the petitioners, one in every of whom is concerned in lots of felony instances.

    Moreover, the temple’s Administrative Committee has handed a decision prohibiting the set up of flags, banners, and so forth., of any political events or organisations inside a radius of 100 meters of the “offertory box.”

    Further to that, the Government Pleader additionally submitted a 2020 judgment of the High Court that had ordered the police to take away all such installations from temple premises.

    Following this, the court docket dismissed the petition and mentioned, “The petitioners have not demonstrated any legitimate authority to conduct temple rituals as they have prayed for. Furthermore, they cannot be allowed to erect flags or festoons in or around the temple, in light of the orders issued by this court and decision taken by the administrative committee”, the judgment learn.

    KOCHI: The Kerala High Court has dismissed a petition looking for permission to erect saffron flags on the premises of the Muthupilakkadu Sree Parthasarathy temple at Kollam.

    The Court mentioned, “Temples stand as beacons of spiritual solace and tranquility, their sanctity and reverence being of paramount importance. Such hallowed spiritual grounds must not be diminished by political maneuverings or attempts at one-upmanship. …The actions and intentions of the petitioners are clearly at odds with the serene and sacred atmosphere to be maintained in the temple”, the Court mentioned in its judgment.

    The petition was moved by two individuals who claimed to be devotees of the Muthupilakkadu Sree Parthasarathy temple.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

    In 2022, they shaped “Parthasarathy Baktha Jana Samithi,” aimed on the welfare of the temple and its devotees.

    They identified that their makes an attempt to place up saffron flags on temple premises throughout particular events and festivals had been at all times thwarted by the respondents, who allegedly used their political affect.

    Therefore, they sought an order from the court docket to direct the police to provide them safety in order that they aren’t obstructed from erecting the flags.

    But the Government Pleader identified that permitting the petitioners to embellish the temple with flags and festoons related to a sure political get together could be akin to permitting the temple for use as a battleground for political one-upmanship.

    He additional identified that there have been quite a few clashes on the temple premises as a result of actions of the petitioners, one in every of whom is concerned in lots of felony instances.

    Moreover, the temple’s Administrative Committee has handed a decision prohibiting the set up of flags, banners, and so forth., of any political events or organisations inside a radius of 100 meters of the “offertory box.”

    Further to that, the Government Pleader additionally submitted a 2020 judgment of the High Court that had ordered the police to take away all such installations from temple premises.

    Following this, the court docket dismissed the petition and mentioned, “The petitioners have not demonstrated any legitimate authority to conduct temple rituals as they have prayed for. Furthermore, they cannot be allowed to erect flags or festoons in or around the temple, in light of the orders issued by this court and decision taken by the administrative committee”, the judgment learn.

  • Watching porn in non-public time, not an offence: Kerala HC cancels case in opposition to man

    By PTI

    KOCHI: Watching pornographic images or movies in a single’s non-public time with out exhibiting it to others shouldn’t be an offence beneath the legislation as it’s a matter of private selection, the Kerala High Court has held.

    The excessive court docket stated that declaring such an act as an offence would quantity to intrusion of an individual’s privateness and interference along with his private selection.

    The ruling by Justice P V Kunhikrishnan got here whereas quashing a case of obscenity beneath Section 292 of the Indian Penal Code in opposition to a 33-year-old man who was again in 2016 caught by police whereas watching porn movies on his cell phone on the roadside close to the Aluva palace right here.

    The order and ruling got here on the accused individual’s plea to quash the FIR and the court docket proceedings in opposition to him in reference to that.

    The court docket stated pornography was in follow for hundreds of years and the brand new digital age has made it extra accessible, even to youngsters.

    “The question to be decided in this case is whether a person watching a porn video in his private time without exhibiting it to others amounts to an offence? A court of law cannot declare that the same amounts to an offence for the simple reason that it is his private choice and interference with the same amounts to an intrusion of his privacy,” it stated.

    The court docket additionally famous that there was no allegation that the petitioner (accused) publicly exhibited the video.

    “I’m of the thought-about opinion that watching an obscene picture by an individual in his privateness by itself shouldn’t be an offence beneath Section 292 (obscenity) of IPC.

    Similarly, watching an obscene video by an individual from a cell phone in his privateness can also be not an offence beneath Section 292 IPC.

    “If the accused is trying to circulate or distribute or publicly exhibit any obscene video or photos, then the offence under Section 292 IPC is attracted,” Justice Kunhikrishnan stated.

    Therefore, no offence beneath Section 292 of the IPC is made out in opposition to the accused, the court docket stated and quashed all of the proceedings within the magisterial court docket in reference to the case.

    At the identical time, Justice Kunhikrishnan additionally cautioned dad and mom in opposition to giving cellphones with web entry to youngsters to make them pleased.

    “The dad and mom ought to pay attention to the hazard behind it.

    Let the youngsters watch informative information and movies from the cellphones of their dad and mom of their presence.

    “Parents should never hand over mobile phones to minor children to make them happy and thereafter complete their daily routine works in their house allowing unsupervised use of mobile phones by children,” the choose stated.

    Justice Kunhikrishnan stated that if minor youngsters find yourself watching porn movies, which at the moment are accessible in all cellphones, “there will be far-reaching consequences”.

    “Let the youngsters play cricket or soccer or different video games they like throughout their leisure time.

    That is important for a wholesome younger technology who’re to grow to be the beacons of hope of our nation sooner or later.

    “Instead of buying meals from eating places by way of ‘swiggy’ and ‘zomato’, let the youngsters style the scrumptious meals made by their mom and let the youngsters play at playgrounds and are available again dwelling to the mesmerising scent of their mom’s meals.

    I go away it there to the knowledge of the dad and mom of minor youngsters of this society,” the choose stated.

    KOCHI: Watching pornographic images or movies in a single’s non-public time with out exhibiting it to others shouldn’t be an offence beneath the legislation as it’s a matter of private selection, the Kerala High Court has held.

    The excessive court docket stated that declaring such an act as an offence would quantity to intrusion of an individual’s privateness and interference along with his private selection.

    The ruling by Justice P V Kunhikrishnan got here whereas quashing a case of obscenity beneath Section 292 of the Indian Penal Code in opposition to a 33-year-old man who was again in 2016 caught by police whereas watching porn movies on his cell phone on the roadside close to the Aluva palace right here.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );

    The order and ruling got here on the accused individual’s plea to quash the FIR and the court docket proceedings in opposition to him in reference to that.

    The court docket stated pornography was in follow for hundreds of years and the brand new digital age has made it extra accessible, even to youngsters.

    “The question to be decided in this case is whether a person watching a porn video in his private time without exhibiting it to others amounts to an offence? A court of law cannot declare that the same amounts to an offence for the simple reason that it is his private choice and interference with the same amounts to an intrusion of his privacy,” it stated.

    The court docket additionally famous that there was no allegation that the petitioner (accused) publicly exhibited the video.

    “I’m of the thought-about opinion that watching an obscene picture by an individual in his privateness by itself shouldn’t be an offence beneath Section 292 (obscenity) of IPC.

    Similarly, watching an obscene video by an individual from a cell phone in his privateness can also be not an offence beneath Section 292 IPC.

    “If the accused is trying to circulate or distribute or publicly exhibit any obscene video or photos, then the offence under Section 292 IPC is attracted,” Justice Kunhikrishnan stated.

    Therefore, no offence beneath Section 292 of the IPC is made out in opposition to the accused, the court docket stated and quashed all of the proceedings within the magisterial court docket in reference to the case.

    At the identical time, Justice Kunhikrishnan additionally cautioned dad and mom in opposition to giving cellphones with web entry to youngsters to make them pleased.

    “The dad and mom ought to pay attention to the hazard behind it.

    Let the youngsters watch informative information and movies from the cellphones of their dad and mom of their presence.

    “Parents should never hand over mobile phones to minor children to make them happy and thereafter complete their daily routine works in their house allowing unsupervised use of mobile phones by children,” the choose stated.

    Justice Kunhikrishnan stated that if minor youngsters find yourself watching porn movies, which at the moment are accessible in all cellphones, “there will be far-reaching consequences”.

    “Let the youngsters play cricket or soccer or different video games they like throughout their leisure time.

    That is important for a wholesome younger technology who’re to grow to be the beacons of hope of our nation sooner or later.

    “Instead of buying meals from eating places by way of ‘swiggy’ and ‘zomato’, let the youngsters style the scrumptious meals made by their mom and let the youngsters play at playgrounds and are available again dwelling to the mesmerising scent of their mom’s meals.

    I go away it there to the knowledge of the dad and mom of minor youngsters of this society,” the choose stated.

  • Ensure privateness of adopted youngsters born to rape victims: Kerala HC

    Express News Service

    KOCHI:  Is taking DNA samples of kids born to rape victims a violation of the divine idea of adoption? The Kerala High Court appears to have taken the matter critically after it stayed all orders for the gathering of DNA samples of adopted youngsters within the wake of a report filed by the Victim Rights Centre, Kerala Legal Services Authority. DNA assessments are performed on the kid of the rape sufferer to show the offence of rape by the accused.

    However, the Victims Rights Centre, in its report, stated such DNA assessments will solely defeat the aim of the divine idea of adoption, particularly when the legislation protects the rights of the rape survivor. “There are situations the place orders are issued to gather blood samples for DNA assessments of adopted youngsters who’ve attained an age of cheap comprehension. In some instances, adopted dad and mom wouldn’t have even divulged the actual fact of adoption to the kid.

    The little one would have blended so nicely with the adopted household {that a} sudden revelation that he/she is an adopted little one and that too of a rape sufferer can imbalance their emotional standing and can lead to them exhibiting behavioural problems and aberrations,” stated the report by the Victim Rights Centre. Considering the report, the High Court initiated the case suo motu and posted the matter earlier than Justice Ok Babu who stayed all orders to gather DNA samples of adopted youngsters.

    Advocate Parvathy Menon, challenge coordinator, Victim Rights Centre (VRC), KELSA, instructed TNIE that the prosecution’s petitions for amassing DNA samples of kids born to rape and POCSO victims when allowed by courts adversely affected the privateness and pursuits of kids already given in adoption and in flip affected the ladies and little one division of the federal government.

    Since it’s a department-to-department situation, the Victim Rights Centre below KELSA was approached by the Women and little one division as to find out how to deal with the battle of legal guidelines concerned. The VRC then ready a report after detailed discussions in March 2023 with the Advocate General, Director General of Prosecution and the then Member Secretary KELSA, and positioned it earlier than the Advocate General who in flip positioned it earlier than the Chief Justice of Kerala High Court.

    KOCHI:  Is taking DNA samples of kids born to rape victims a violation of the divine idea of adoption? The Kerala High Court appears to have taken the matter critically after it stayed all orders for the gathering of DNA samples of adopted youngsters within the wake of a report filed by the Victim Rights Centre, Kerala Legal Services Authority. DNA assessments are performed on the kid of the rape sufferer to show the offence of rape by the accused.

    However, the Victims Rights Centre, in its report, stated such DNA assessments will solely defeat the aim of the divine idea of adoption, particularly when the legislation protects the rights of the rape survivor. “There are situations the place orders are issued to gather blood samples for DNA assessments of adopted youngsters who’ve attained an age of cheap comprehension. In some instances, adopted dad and mom wouldn’t have even divulged the actual fact of adoption to the kid.

    The little one would have blended so nicely with the adopted household {that a} sudden revelation that he/she is an adopted little one and that too of a rape sufferer can imbalance their emotional standing and can lead to them exhibiting behavioural problems and aberrations,” stated the report by the Victim Rights Centre. Considering the report, the High Court initiated the case suo motu and posted the matter earlier than Justice Ok Babu who stayed all orders to gather DNA samples of adopted youngsters.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );

    Advocate Parvathy Menon, challenge coordinator, Victim Rights Centre (VRC), KELSA, instructed TNIE that the prosecution’s petitions for amassing DNA samples of kids born to rape and POCSO victims when allowed by courts adversely affected the privateness and pursuits of kids already given in adoption and in flip affected the ladies and little one division of the federal government.

    Since it’s a department-to-department situation, the Victim Rights Centre below KELSA was approached by the Women and little one division as to find out how to deal with the battle of legal guidelines concerned. The VRC then ready a report after detailed discussions in March 2023 with the Advocate General, Director General of Prosecution and the then Member Secretary KELSA, and positioned it earlier than the Advocate General who in flip positioned it earlier than the Chief Justice of Kerala High Court.

  • Adopt accountable journalistic conduct whereas reporting court docket circumstances: Kerala HC to media 

    By PTI

    KOCHI: The Kerala High Court on Thursday requested the media to “adopt a code of responsible journalistic conduct” whereas reporting court docket circumstances as “unjustified comments and remarks”, typically based mostly on the oral remarks made by a decide throughout a listening to, may hurt the dignity and popularity of a litigant.

    The suggestion from a bench of Justices A Okay Jayasankaran Nambiar and Mohammed Nias C P got here in view of the media consideration obtained by the litigation associated to the appointment of Priya Varghese, spouse of Chief Minister Pinarayi Vijayan’s non-public secretary, to the submit of Malayalam affiliate professor in Kannur University.

    The bench stated that “frighteningly frequent” are the events when an impugned resolution in educational issues attracts media consideration for some purpose or the opposite.

    In such circumstances, the court docket has to take care of the added distraction caused by incessant newspaper/ channel discussions and overwhelming social media posts, it noticed.

    “It is for this reason that courts have time and again exhorted the print and electronic media to exercise restraint by deferring discussions on matters pending before the court so that the rule of law can be better served by avoiding an obstruction of the course of justice,” the bench stated.

    It stated that the media can’t be unmindful of the hurt that’s precipitated to a litigant’s dignity and popularity by unjustified feedback and remarks, typically based mostly on the oral remarks made by a decide throughout the listening to.

    The bench stated that even the Chief Justice of India had lately noticed that not every thing that’s stated by a decide throughout the course of interplay with attorneys within the court docket may be taken as revealing the decide’s views on the deserves of the case.

    The bench additional stated that the proper to privateness of a person additionally contains the proper to safety of 1’s popularity from arbitrary State motion, in addition to the actions of different non-public residents, together with the press or media.

    “We trust, therefore, that the media will take note of these observations and adopt a code of responsible journalistic conduct that will inform news reporting in the days to come,” it stated.

    The excessive court docket allowed Varghese’ attraction in opposition to a single decide order of November final 12 months that stated she lacked the related interval of precise educating expertise as stipulated beneath the University Grants Commission (UGC) Regulations of 2018 for the submit.

    The bench put aside the one decide’s resolution and held she had the related expertise for the submit and her candidature for that place be thought-about accordingly.

    KOCHI: The Kerala High Court on Thursday requested the media to “adopt a code of responsible journalistic conduct” whereas reporting court docket circumstances as “unjustified comments and remarks”, typically based mostly on the oral remarks made by a decide throughout a listening to, may hurt the dignity and popularity of a litigant.

    The suggestion from a bench of Justices A Okay Jayasankaran Nambiar and Mohammed Nias C P got here in view of the media consideration obtained by the litigation associated to the appointment of Priya Varghese, spouse of Chief Minister Pinarayi Vijayan’s non-public secretary, to the submit of Malayalam affiliate professor in Kannur University.

    The bench stated that “frighteningly frequent” are the events when an impugned resolution in educational issues attracts media consideration for some purpose or the opposite.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2′); );

    In such circumstances, the court docket has to take care of the added distraction caused by incessant newspaper/ channel discussions and overwhelming social media posts, it noticed.

    “It is for this reason that courts have time and again exhorted the print and electronic media to exercise restraint by deferring discussions on matters pending before the court so that the rule of law can be better served by avoiding an obstruction of the course of justice,” the bench stated.

    It stated that the media can’t be unmindful of the hurt that’s precipitated to a litigant’s dignity and popularity by unjustified feedback and remarks, typically based mostly on the oral remarks made by a decide throughout the listening to.

    The bench stated that even the Chief Justice of India had lately noticed that not every thing that’s stated by a decide throughout the course of interplay with attorneys within the court docket may be taken as revealing the decide’s views on the deserves of the case.

    The bench additional stated that the proper to privateness of a person additionally contains the proper to safety of 1’s popularity from arbitrary State motion, in addition to the actions of different non-public residents, together with the press or media.

    “We trust, therefore, that the media will take note of these observations and adopt a code of responsible journalistic conduct that will inform news reporting in the days to come,” it stated.

    The excessive court docket allowed Varghese’ attraction in opposition to a single decide order of November final 12 months that stated she lacked the related interval of precise educating expertise as stipulated beneath the University Grants Commission (UGC) Regulations of 2018 for the submit.

    The bench put aside the one decide’s resolution and held she had the related expertise for the submit and her candidature for that place be thought-about accordingly.

  • Kerala HC reduction for spouse of CM’s PA as order towards her choice as Kannur varsity professor quashed

    By Express News Service

    KOCHI: A division bench of the Kerala High Court on Thursday overturned a single decide’s order that directed Kannur University to reassess the {qualifications} of Priya Varghese, the spouse of Okay Okay Ragesh, non-public secretary to Chief Minister Pinarayi Vijayan. The courtroom dominated that the college ought to resolve whether or not she ought to stay on the rank checklist for the place of Malayalam affiliate professor.

    The division bench additionally invalidated the only decide’s conclusion that Priya lacked the required educating expertise to be included within the rank checklist. As a results of this ruling, Kannur University can proceed with the provisional rank checklist the place Priya was ranked first.

    The division bench, composed of Justice AK Jayasankaran Nambiar and Justice Muhammed Nias CP, issued the order whereas accepting Priya’s enchantment towards the only decide’s choice. The single decide had issued the order primarily based on a petition filed by Joseph Skariah, an assistant professor within the Department of Malayalam at St. Berchmans College, Changanassery, who got here second within the rank checklist. Skariah challenged the college’s choice to nominate Priya for the affiliate professor place.

    Priya’s counsel, Senior Advocate Ranjith Thampan, argued that she has a complete of 11 years and 20 days of educating and/or analysis expertise in an educational or analysis place equal to an assistant professor in a university. Thampan contended that the only decide’s discovering, which said that the place of director of Student Services doesn’t qualify as educating expertise, was solely incorrect.

    The bench declared that the interval throughout which Priya pursued her Ph.D. diploma below the college growth program shouldn’t be excluded when contemplating her educating/analysis expertise for the appointment as an affiliate professor on the college. The bench additionally dominated that Priya is entitled to rely the interval she served on deputation because the director of Student Services/Programme Coordinator of NSS of Kannur University in the direction of her educating expertise.

    The courtroom emphasised that it can not disregard the submission of the state authorities, which argued that the only decide’s discovering, deeming the expertise of a trainer within the place of director of Student Services/Programme Coordinator of NSS as non-teaching expertise, would have opposed penalties for the tutorial neighborhood within the state. The bench said that it should defer to the college’s choice to deal with such expertise as educating expertise except it’s clearly in violation of statutory provisions.

    Additionally, the courtroom directed that the second interval of eight months and 24 days, from June 5, 2002, to February 28, 2003, which Priya spent as a lecturer on the Teacher Education Centre at Kannur University on an advert hoc/contract foundation, needs to be counted in the direction of her educating expertise as an assistant professor.

    Kannur University knowledgeable that the authorised seniority checklist is but to be finalized, and as soon as it’s authorised by the Syndicate, the appointment might be made. Any reason for motion to problem the appointment would solely come up at that stage. At the time of submitting the appliance, Priya had 11 years, three months, and two days of expertise as an assistant professor, making her absolutely certified to use for the place. The marks have been awarded by the committee primarily based on the candidates’ deserves. The bench said that in tutorial issues, choices made by the college or different instructional our bodies needs to be given due weightage.

    KOCHI: A division bench of the Kerala High Court on Thursday overturned a single decide’s order that directed Kannur University to reassess the {qualifications} of Priya Varghese, the spouse of Okay Okay Ragesh, non-public secretary to Chief Minister Pinarayi Vijayan. The courtroom dominated that the college ought to resolve whether or not she ought to stay on the rank checklist for the place of Malayalam affiliate professor.

    The division bench additionally invalidated the only decide’s conclusion that Priya lacked the required educating expertise to be included within the rank checklist. As a results of this ruling, Kannur University can proceed with the provisional rank checklist the place Priya was ranked first.

    The division bench, composed of Justice AK Jayasankaran Nambiar and Justice Muhammed Nias CP, issued the order whereas accepting Priya’s enchantment towards the only decide’s choice. The single decide had issued the order primarily based on a petition filed by Joseph Skariah, an assistant professor within the Department of Malayalam at St. Berchmans College, Changanassery, who got here second within the rank checklist. Skariah challenged the college’s choice to nominate Priya for the affiliate professor place.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2′); );

    Priya’s counsel, Senior Advocate Ranjith Thampan, argued that she has a complete of 11 years and 20 days of educating and/or analysis expertise in an educational or analysis place equal to an assistant professor in a university. Thampan contended that the only decide’s discovering, which said that the place of director of Student Services doesn’t qualify as educating expertise, was solely incorrect.

    The bench declared that the interval throughout which Priya pursued her Ph.D. diploma below the college growth program shouldn’t be excluded when contemplating her educating/analysis expertise for the appointment as an affiliate professor on the college. The bench additionally dominated that Priya is entitled to rely the interval she served on deputation because the director of Student Services/Programme Coordinator of NSS of Kannur University in the direction of her educating expertise.

    The courtroom emphasised that it can not disregard the submission of the state authorities, which argued that the only decide’s discovering, deeming the expertise of a trainer within the place of director of Student Services/Programme Coordinator of NSS as non-teaching expertise, would have opposed penalties for the tutorial neighborhood within the state. The bench said that it should defer to the college’s choice to deal with such expertise as educating expertise except it’s clearly in violation of statutory provisions.

    Additionally, the courtroom directed that the second interval of eight months and 24 days, from June 5, 2002, to February 28, 2003, which Priya spent as a lecturer on the Teacher Education Centre at Kannur University on an advert hoc/contract foundation, needs to be counted in the direction of her educating expertise as an assistant professor.

    Kannur University knowledgeable that the authorised seniority checklist is but to be finalized, and as soon as it’s authorised by the Syndicate, the appointment might be made. Any reason for motion to problem the appointment would solely come up at that stage. At the time of submitting the appliance, Priya had 11 years, three months, and two days of expertise as an assistant professor, making her absolutely certified to use for the place. The marks have been awarded by the committee primarily based on the candidates’ deserves. The bench said that in tutorial issues, choices made by the college or different instructional our bodies needs to be given due weightage.