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Kerala High Court Rejects Life Convict’s Plea for Emergency Leave to Care for Pregnant Wife
Kerala High Court Rejects Life Convict’s Plea for Emergency Leave to Care for Pregnant Wife

The Kerala High Court refused emergency leave to a life convict seeking to care for his two-month pregnant wife, conceived via IVF, citing that parole for serious offenders cannot overlook victims’ interests.

Rule 400(1) of the Kerala Prisons Rules allows emergency leave only for death or serious illness of close relatives, their marriage, or house collapse, with rare exceptions. The convict, jailed for murder, did not meet these criteria.

The Court warned against misuse of emergency leave for personal functions and stressed that most fundamental rights of convicts remain suspended in prison.

The petition was accordingly dismissed.

[Bindhu K.P. v State of Kerala and Ors]

judgement copy / 18 hours ago

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Kerala High Court: Medical Opinion Alone Not Enough to Resume Trial of Accused Who is Mentally Ill
Kerala High Court: Medical Opinion Alone Not Enough to Resume Trial of Accused Who is Mentally Ill

The Kerala High Court held that trial courts must conduct a fresh judicial enquiry under Sections 329 and 332 CrPC before resuming proceedings against an accused previously found unfit to stand trial due to mental illness.

Even if a later medical report deems the person fit, medical opinion alone is not conclusive. The accused or their representative must be allowed to cross-examine doctors and present contrary evidence.

The Court clarified that Section 105 of the Mental Healthcare Act, 2017, does not override the CrPC procedure. It set aside the Sessions Court order and directed a fresh judicial enquiry.

[Jose v The Sub Inspector of Police and Another]

a day ago

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Kerala HC Stays Proceedings Against Actress Shwetha Menon in Obscenity Case Ahead of AMMA Poll
Kerala HC Stays Proceedings Against Actress Shwetha Menon in Obscenity Case Ahead of AMMA Poll

The Kerala High Court has stayed proceedings in an FIR against Malayalam actress Shwetha Menon, accused of sharing “obscene” film scenes online and advertisements for financial gain.

The FIR was registered under the IT Act and the Immoral Traffic Act after a complaint referred by the Chief Judicial Magistrate.

Justice V G Arun noted procedural lapses in registering the FIR without a preliminary inquiry. The court asked the Magistrate to report on due process and issued notices to the State and the complainant.

Menon argued the films were censor-certified and claimed the FIR aimed to harm her ahead of the AMMA election, where she is contesting for president. The matter is pending further hearing.

[Shewtha Menon v State of Kerala & anr]

Read Details / a day ago

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Kerala High Court quashes obscenity case against driving inspector who told lady to take a bath, cut her nails
Kerala High Court quashes obscenity case against driving inspector who told lady to take a bath, cut her nails

The Kerala High Court quashed criminal charges against a Motor Vehicle Inspector accused of using “filthy” remarks, telling a woman during her driving test to “take a bath” and “cut her nails.”

Justice G Girish held that although the language was crude, it lacked any sexual intent and didn’t occur in a public place, therefore failing to constitute offences under Sections 294(b) (obscenity) and 509 (insulting modesty) of the IPC.

The Court held that, at most, the language was crude but not legally obscene or sexually tinged, and allowed the inspector’s plea.

[Anas Mohammed M v State of Kerala]

Read Order / a day ago

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Procedural Irregularities By Police During Search, Seizure Of Contraband Are Misconduct Not Criminal Offence
Procedural Irregularities By Police During Search, Seizure Of Contraband Are Misconduct Not Criminal Offence

The Kerala High Court has quashed an FIR against a police officer accused of illegal search and bribery, holding that procedural lapses in contraband seizure do not amount to a criminal offence, though it may attract departmental action.

Justice A. Badharudeen said the case arose from a 2020 incident involving the seizure of four bottles of foreign liquor and an alleged demand of ₹1 lakh bribe.

Finding no prima facie evidence of corruption or conspiracy, the Court held the proceedings legally unsustainable and noted they appeared aimed at delaying the officer’s promotion.

[Ratheesh K G v State of Kerala and Anr]

Read Order / a day ago

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Kerala High Court Halts Toll at Paliyekkara Plaza Over Poor Road Conditions For 4 Weeks
Kerala High Court Halts Toll at Paliyekkara Plaza Over Poor Road Conditions For 4 Weeks

The Kerala High Court suspended toll collection at Paliyekkara Toll Plaza on NH 544 for four weeks, citing the National Highways Authority’s failure to address public grievances.

The Court noted ongoing congestion and impassable road conditions due to construction near the toll plaza. The batch of petitions, including a PIL, challenged the legality of a District Collector’s order allowing toll collection despite a prior suspension.

The Court observed that toll collection cannot continue when roads are unsafe and directed the Central Government, in consultation with the State and NHAI, to take remedial measures before resumption.

[Shaji J Kodankadath v Union of India and connected cases]

Read Order / 2 days ago

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Cochin International Airport is a Public Authority Under RTI Act: Kerala High Court
Cochin International Airport is a Public Authority Under RTI Act: Kerala High Court

The Kerala High Court held that Cochin International Airport Limited (CIAL) qualifies as a ‘public authority’ under the RTI Act and must disclose information accordingly.

The Court found that CIAL, though incorporated under the Companies Act, was substantially financed and controlled by government bodies. The Court noted that 6 of its 11 directors are ex officio government nominees, including the Chief Minister as Chairman.

Upholding earlier decisions of the State Information Commission and a single judge, the Court directed CIAL to comply with RTI norms within 15 days and imposed a ₹1 lakh cost for filing unauthorised appeals without board approval.

[M/S Cochin International Airport Limited v. The State Information Commission & Anr. and connected cases]

Read Judgement / 3 days ago

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Kerala High Court Sets Aside Rejection of Kidney Transplant Between Family Friends
Kerala High Court Sets Aside Rejection of Kidney Transplant Between Family Friends

The Kerala High Court set aside orders of the State and District Level Authorisation Committees that had rejected a kidney transplant application involving two family friends: patient Musthafa N.P. and donor Smitha V.C.

Justice N Nagaresh ruled that the committees acted on “untenable grounds,” noting that the lack of documents like a marriage certificate does not prove commercial intent. 

The Court allowed the petitioners to submit new evidence and directed the District Committee to reconsider the application within six weeks.

The Court stressed the need to fairly assess altruistic donations even between non-relatives.

Read Judgement / 3 days ago

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Kerala High Court: “Employment” Under Section 17B Includes Self‑Employment If Income Is Adequate
Kerala High Court: “Employment” Under Section 17B Includes Self‑Employment If Income Is Adequate

The Kerala High Court ruled that “employment” under Section 17B of the Industrial Disputes Act includes self-employment if the person earns sufficient income.

Justice S Manu dismissed a plea by Smitha Francis, who sought ₹4.14 lakh in wages claiming unemployment since 2011. Her employer, Shwas Homes, proved she was involved in profit-making businesses. The Court held that hiding such facts weakened her claim.

Citing Supreme Court precedent, it clarified that lack of formal employment doesn’t justify relief if a person earns adequately through independent ventures.

[Smitha Francis Alias Smitha Ajay v Shwas Homes Pvt Ltd and Anr]

Read Order / 3 days ago

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Kerala High Court Restrains Use Of Private Petrol Pump Toilets As Public Facilities
Kerala High Court Restrains Use Of Private Petrol Pump Toilets As Public Facilities

The Kerala High Court on Tuesday asked IOCL, HPCL, and BPCL to file counter-affidavits clarifying whether their dealership agreements require petrol pump washrooms to be open to the general public.

While HPCL and BPCL said the agreements don’t mention it, they cited marketing guidelines allowing use by “transiting travellers”, which they claimed includes the general public. 

The Court was hearing a plea against the State’s attempt to convert private outlet washrooms into public toilets.

The interim order against such conversions has been extended by a week.

[Petroleum Traders Welfare and Legal Service Society v State of Kerala]

3 days ago

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Failing to Lower the National Flag After Sunset Not A Crime: Kerala High Court
Failing to Lower the National Flag After Sunset Not A Crime: Kerala High Court

The Kerala High Court quashed criminal proceedings against a municipal secretary accused of failing to lower the national flag two days after hoisting it on Independence Day.

The Court held that mere inaction without intent does not amount to insult under Section 2(a) of the Prevention of Insults to National Honour Act, 1971. It ruled that no mens rea or deliberate disrespect was established.

The Court also clarified that the Flag Code of India, 2002, is not law under Article 13(3)(a) of the Constitution and cannot attract criminal liability. The suo motu FIR and Magistrate’s cognisance were set aside.

[Vinu C. Kunjappan v. State of Kerala]

4 days ago

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Supreme Court Stays Kerala HC Order Banning Single-Use Plastics at Weddings, Events, Hill Stations
Supreme Court Stays Kerala HC Order Banning Single-Use Plastics at Weddings, Events, Hill Stations

The Supreme Court has stayed the Kerala High Court’s order banning single-use plastics in hilly regions, public events, and weddings.

The bench led by CJI BR Gavai and Justice K Vinod Chandran issued notice on a plea by compostable bag manufacturers, who argued the High Court exceeded its jurisdiction and passed directions without public consultation.

The original suo motu case was initiated after the Brahmapuram fire to address solid waste management, but later expanded to include plastic regulation.

The petitioners also pointed out conflicting earlier orders and a lack of stakeholder input. The Court has sought responses before further hearing.

Read Details / 4 days ago

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Kerala HC: State Must Pay Rent and Compensation for Using Private Property During Covid-19
Kerala HC: State Must Pay Rent and Compensation for Using Private Property During Covid-19

The Kerala High Court held that the State is legally bound to pay rent and compensation for using a private medical and dental college and its equipment during the Covid-19 pandemic under the Disaster Management Act, 2005.

The Court noted that the building had valid approvals from the Grama Panchayat, including NOC and a completion certificate.

The court rejected the District Collector’s claim that the building was unauthorised and found the denial of rent for equipment arbitrary. The matter was remanded to the District Collector and District Disaster Management Authority for fresh consideration.

[SR Educational & Charitable Trust v. State of Kerala and Ors.]

Read Judgement / 5 days ago

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Foreign Notarised Power of Attorney Valid Only if Country is Reciprocating: Kerala High Court
Foreign Notarised Power of Attorney Valid Only if Country is Reciprocating: Kerala High Court

The Kerala High Court held that a power of attorney executed before a foreign notary can be recognised in India only if the foreign country is a reciprocating country under the Notaries Act.

The Court was hearing a plea challenging the trial court's acceptance of a power of attorney executed in Missouri, USA, for instituting a property partition suit.

The court observed that in the absence of proof of reciprocation, the presumption of validity under Section 85 of the Indian Evidence Act would not arise. However, the Court allowed the plaintiff to produce a duly executed power of attorney to continue with the suit.

Read Judgement / 7 days ago

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Lakshadweep Bar Association Urges Kerala HC to Abolition of Mukthiyar System, Cites Lack of Legal Oversight
Lakshadweep Bar Association Urges Kerala HC to Abolition of Mukthiyar System, Cites Lack of Legal Oversight

The Lakshadweep Bar Association has urged the Kerala High Court to abolish the Mukthiyar system, a practice where individuals without formal legal training can represent parties in court. 

The association argues that this system lacks legal oversight and poses a threat to the fair administration of justice, especially in criminal cases 

Amicus curiae Enoch David Simon Joel echoed the concerns, calling the system incompatible with Article 22 rights and the Advocates Act, 1961.

Both suggested phasing it out while ensuring welfare for current Mukthiyars through possible roles in ADR mechanisms like mediation.

7 days ago

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