Kerala High Court Archives - Lokmarg

SC Sets Aside Kerala HC Order On Media One Licence

By LokMarg 5th April 2023

The Supreme Court on Wednesday set aside the Kerala High Court order upholding the decision of the Ministry of Information and Broadcasting to revoke the license of news channel Media One, stating that independent press is necessary for a robust democracy and critical views of the channel against the government policies cannot be termed as anti-establishment.

In its order, the apex court also opined that the procedure of the ‘sealed cover’ infringe the principles of natural justice and open justice.
A bench headed by Chief Justice DY Chandrachud allowed the Media One plea challenging the Kerala High Court order which upheld the order of the Ministry of Information and Broadcasting to revoke the license of a news channel.

The top court also said the Ministry of Information Broadcasting should proceed to issue a renewal license to the channel within four weeks and the interim order of the top court is allowed to continue until the renewal permissions are granted.

The top court also remarked on the importance of an independent press for better functioning of society, saying that the critical views of media cannot be termed anti-establishment and the use of such term presumes that the press should always support the government.

The court also turned down the submission related to the alleged link of shareholders to Jamaat-e-Islami Hind saying that it is not a legitimate ground to restrict the rights of the channel. The court also noted that there was no material to show such a link.

The apex court also took into account the procedure of sealed cover practice saying that such a practice cannot be adopted to avoid the harm caused by public immunity proceedings. The top court said if the purpose can be achieved through public immunity proceedings then sealed cover proceedings should not be adopted.

The top court had earlier stayed the central government’s decision banning the Malayalam news channel and allowed it to resume broadcasting its content.

The Supreme Court was hearing the Media One plea challenging the Kerala High Court order upholding the Ministry of Information and Broadcasting order to revoke the news channel’s licence.

In the Special Leave Petition preferred by Media One, through advocate Pallavi Pratap, the channel said it has filed the petition under dire and compelling circumstances.

The petition also said it raises seminal questions of law impinging upon the fundamental right to freedom of speech and expression as well as the importance of an independent, free and unbiased press guaranteed by the Constitution.

The Centre justified its decision on the ground that the denial of security clearance to the Malayalam news channel ‘Media One’ is based on intelligence inputs, which are sensitive.

The Kerala HC, on February 8, 2022, upheld the order of the Ministry of Information and Broadcasting revoking the licence of Media One from the list of permitted news channels citing security reasons.

The HC dismissed petitions filed by the channel against the government order.

While dismissing the writ petition challenging the order of the Ministry of Information and Broadcasting, the Kerala HC made it clear that principles of natural justice and interference by the court in cases of national security have a very limited role. (ANI)

Kerala HC Suspends Faizal’s Sentence, No Bye-Election In Lakshadweep

By LokMarg 27th January 2023

The Election Commission of India on Friday apprised the Supreme Court that the poll panel would take cognisance of the Kerala High Court order suspending the sentence of the Mohammed Faizal and said that there would be no bye-election in Lakshadweep.

After hearing the submission made by EC, a bench of justices KM Joseph and BV Nagarathna disposed of the petition filed by Mohammed Faizal challenging the ECI’s press release announcing bye-elections for the Lakshadweep constituency.
Meanwhile, the Election Commission apprised the court that it will abide by the order passed by the court. But the EC raised an objection to the petition and allegations levelled by Mohammed Faizal.

The Supreme Court was hearing a plea filed by Mohammed Faizal, challenging the ECI’s press release announcing bye-elections for the constituency, after he was disqualified as a Member of Parliament from Lakshadweep, following conviction in an attempt to murder case.

Recently Kerala High Court suspended the conviction and sentence of former Lakshadweep MP and Nationalist Congress leader (NCP) leader PP Mohammed Faizal and three others in a case of attempt to murder. Kerala HC passed the order on a plea of Faizal and others challenging the trial court’s order at Lakshadweep in an attempt to murder case.

Faizal filed the application seeking to suspend the 10-year imprisonment.

Earlier, the Kavaratti Sessions Court had convicted four persons, including Faizal for committing offences punishable under Indian Penal Code (IPC) sections 143, 147, 148, 307, 324, 342, 448, 427, 506 read with 149 relating to offences relating to rioting, attempt to murder, violence, kidnapping.

They were all sentenced to undergo 10 years of rigorous imprisonment and were also directed to pay a fine of Rs 1 lakh each for attempting to murder Padanath Salih, the son-in-law of former Union Minister PM Sayeed in relation to a political controversy during the 2009 Lok Sabha elections. (ANI)

ISRO Spy Case: SC Cancels Anticipatory Bails Of Ex-Officials

By LokMarg 2nd December 2022

The Supreme Court on Friday set aside the Kerala High Court order granting anticipatory bail to persons in connection with the 1994 ISRO espionage case relating to the framing of alleged scientist Nambi Narayanan.

A bench headed by Justice MR Shah remitted the bail applications back to the Kerala High Court and asked it to decide it as early as possible, within a period of four weeks.

The apex court also granted protection from arrest to the accused for five weeks as an interim arrangement till the High Court finally decides the matter.

The CBI had challenged the Kerala High Court order granting anticipatory bail to five persons. The apex court bench reserved the order on November 28.

The Kerala High Court had granted anticipatory bail to four accused — the former Gujarat Director-General of Police (DGP) RB SreeKumar, former Kerala Director General of Police (DGP) Siby Mathews, two former police officers of Kerala S Vijayan and Thampi S Durga Dutt, and retired intelligence official PS Jayaprakash — in connection with the case.

Seeking cancellation of anticipatory bail granted them, the Central Bureau of Investigation (CBI) had said the grant of anticipatory bail might derail the investigation in the case.

Earlier CBI had told the apex court that it has found in its probe that some scientists were tortured and framed in the matter due to which development of the cryogenic engine was hit and this led to India’s space programme going back by almost one or two decades.

Opposing the bail granted to the accused, CBI had said it is a “very serious matter” and there may be a larger conspiracy at the behest of foreign hands which is being investigated.

The CBI had alleged that there was a clear indication that the accused were part of a team, which had ulterior motives to torpedo the attempts of the Indian Space Research Organisation (ISRO) for manufacturing the cryogenic engine.

It had registered a case against 18 persons for various offences, including criminal conspiracy, in connection with the arrest and detention of Narayanan, who was accused of spying in 1994.

The case relates to allegations of transfer of certain confidential documents on India’s space programme to foreign countries by two scientists and four others, including two Maldivian women.

CBI had earlier given a clean chit to Narayanan and said that the Kerala police had “fabricated” the case. The investigating agency stated that the technology ex-scientist was accused to have stolen and sold in the 1994 case did not even exist at that time and then top police officials in Kerala were responsible for his illegal arrest.

On September 14, 2018, the top court had appointed a three-member committee and directed the Kerala government to give Rs 50 lakh compensation to Narayanan for compelling him to undergo immense humiliation.

Terming the police action against Narayanan as a “psycho-pathological treatment”, the top court had also said that his liberty and dignity, basic to his human rights, were jeopardised as he was taken into custody and, eventually, despite all the glory of the past, was compelled to face “cynical abhorrence”. (ANI)

Kerala HC On Univ Row: All 9 VCs May Continue Till Final Order

By LokMarg 24th October 2022

The Kerala High Court on Monday held that all nine Vice Chancellors of various universities can continue in their positions until the Chancellor issues a final order following show-cause notices to them earlier on Monday.

The court also made it clear that the petitioners will be eligible to continue in their positions however in full compliance with law and regulations till such time the Chancellor issues a final order.

A special sitting was held today in this regard.

This comes after the nine VCs approached the High Court challenging the Governor’s order to tender their resignations. The Raj Bhavan had earlier sent letters directing the VCs of nine universities to tender their resignation by 11:30 am on October 24.

The court observed while dictating the order that, “the vitiating factors become attached to the petitioners, their appointment does not become untenable from October 24, 2022, but from abi initio and I cannot understand how the Chancellor could have watered it down.”

“A proper enquiry and thought have to be invested particularly when petitioners have specific cases to their factual scenarios. The argument of the petitioners that the Chancellor cannot issue a show cause notice is also left open and all the remedies of the petitioners to even impugn the same are left open. Every issue, be that the competence and jurisdiction of the Chancellor, is left open,” it added.

Earlier today, Kerala Governor Arif Mohammad Khan issued notices to the Vice Chancellors of the state universities concerned to show cause by 5 pm on or before November 3 on their legal right to continue in office.

“Notices issued to the Vice Chancellors concerned to show cause by 5 pm on or before Nov 3rd, their legal right to continue in office as Vice Chancellors and not to declare their appointment illegal and void ab initio: PRO, Kerala Raj Bhavan,” tweeted the Kerala Governor.

“For the purpose of removing the anomaly in the appointment of Vice Chancellors in the University of Kerala, the Hon’ble Chancellor has asked you to submit your resignation to initiate steps for making a proper appointment in accordance with the law. Since you have refused to tender your resignation as directed by the Hon’ble Chancellor, there is no option but to declare your appointment as illegal and void ab initio,” a letter attached to the tweet said.

Addressing a press conference, the Governor referred to the alleged heckling during an event hosted by Kannur University in December 2019.

Kerala Governor Arif Mohammad Khan on Monday said that he had called the VC of Kannur University a “criminal” to “facilitate an attack” on him.

“I called (Kannur) VC criminal. I will say sorry if you find me a substitute word. What other word should I use for a person who invites me to Kannur to facilitate an attack on me? Vice-Chancellor of Kannur University, after the Kannur incident, wrote back to Raj Bhavan that I’m (VC) not a security expert, so can’t give a report,” Khan said.

He said that the VC violated the approved programme and guidelines.

“You invite me there, violate the approved programme, and violate every guideline. When you are asked to send the report of what happened there, you send this reply. Only a conspirator can do that. Who else can do it?” he said.

The Governor alleged that the political secretary of Chief Minister Pinarayi Vijayan was seen in the audience during his programme two years back at the university where he was “inciting” them to raise slogans.

“The political secretary of the Chief Minister, who was supposed to be on the stage, was there in the audience inciting them to raise slogans. I could have used even stronger language because they indulged in unlawful activities,” he said.

“How many judgements has the court issued in which it has said that I have exceeded my power in recent days? Who else exceeds his power if not a criminal?” Khan added.

This comes after Kannur University Vice-Chancellor Gopinath Ravindran on Monday said that he will not tender his resignation.

“I have received the decision of Kerala Governor Arif Mohammad Khan but I will not submit my resignation. The resignation of the VC is based either on financial irregularities or bad behaviour and neither of these has happened here. This is a fake accusation,” said Kannur University Vice-Chancellor said on Monday.

This comes after the Supreme Court set aside the appointment of MS Rajasree as Vice-Chancellor of the APJ Abdul Kalam Technological University, Thiruvananthapuram in Kerala.

A bench of justices MR Shah and CT Ravikumar allowed the appeal filed by Professor Sreejith P.S. challenging the Kerala High Court order dated August 2, 2021.

As per the UGC Regulations also, the Visitor/Chancellor shall appoint the Vice Chancellor out of the panel of names recommended by the Search Committee. Therefore, when only one name was recommended and the panel of names was not recommended, the Chancellor had no option to consider the names of the other candidates, the top court observed. (ANI)

Kerala HC: State Govt Not To Play Hide And Seek

By LokMarg 17th October 2022

Kerala High Court on Monday told the State Government not to play ‘hide and seek’ with the court while hearing a case regarding the putting up of illegal flag posts, boards, and banners.

Court also asked the state government to make its stand clear on whether they want to pass a resolution regarding the issue.
Single Bench of Justice Devan Ramachandran said, “If the state government feels that this Court should not proceed further and that matters should be as it was four years ago, then we should eschew claims of creating a new Kerala and be happy with the status quo. It would not give me any pleasure to run behind my orders to have them implemented from time to time. The Court was powerless as its orders were not being implemented. When the Court directs that its orders are to be implemented, the judges are criticized and called activists. Such directions are branded as ‘judicial activism.”

The Court further observed that if political parties themselves displayed their boards and flags ‘with impunity, others will certainly be persuaded to follow.

“You say this is democracy. It is not democracy to peril another man’s life. the boards and posts raised by the entities along the sidewalks were of danger to the traffic and pedestrians. The secretaries of local self-governments were powerless to remove the same since these were vested in the NHAI and no support was received from the police either. Until the present, it had been acting with great circumspection, however to no avail. Punitive actions may have to be taken if its orders were to have any meaning,” the court further observed.

The matter has been posted again for October 19. (ANI)