Tag: Kerala high court

Kerala HC Orders Trial Against Man Who Accused Muslim Girl of Adultery Over a Handshake

The court in its order noted that religious beliefs cannot be imposed on others.

New Delhi: The Kerala high court refused to grant relief to a man who accused a Muslim girl of violating Shariat law for shaking hands with former Kerala finance minister T.M. Thomas Isaac at a college event.

The man, Abdul Noushad, had claimed the girl’s conduct amounted to adultery. 

The girl, a law student, subsequently filed a case against him for causing disgrace to her and her family, BarandBench reported.

Noushad then approached the Kerala high court asking for criminal proceedings against him to be quashed. 

In its order passed on October 1, the court, while dismissing his petition, noted that the choice to shake hands with the minister was the girl’s and that she cannot be forced to follow religious practices.

“Religious beliefs are personal. There is no compulsion in religion, especially in Islam. One cannot compel another to follow his religious practice by the latter. Religious practice is a personal choice of every citizen of this country. A perusal of Article 25 of the Constitution of India would show that subject to public order, morality and health and to the other provisions of that Part of the constitution, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion,” the court said in its order.

Justice PV Kunhikrishnan in his order pointed out that the right to propagate religion does not mean that it can be imposed on others. 

“Propagate religion does not mean that the religious practice should be imposed on others…Articles 25 to 28 of the Constitution of India do not permit a person to impose his religious beliefs on another,” the court said.

The order also cited verses from the Quran to emphasise that Islam promotes personal freedom and that religious beliefs cannot be forced on another individual.

The Muslim girl, a student at Markaz Law College, met Isaac at an interactive session organised by the institute. She was called on stage to receive a gift when she shook hands with Isaac. 

Later, a Facebook post and a WhatsApp video surfaced which presented the interaction as a violation of Shariat Law. Noushad can be heard making similar remarks in the WhatsApp video, accusing the girl of adultery.

Based on the girl’s complaint, Noushad was booked under Section 153 Indian Penal Code (provocation with intent to cause riot) and Section 119(a) of the Kerala Police Act (degrading the dignity of women).

While Noushad moved the court, arguing that the charges against him would not be attracted considering the facts of this case, the court noted that he had not denied making the remark and thus should be tried for the offence.

The court in its order also said that societal beliefs and religious practices must be followed in tandem with the Constitution.

“A young brave muslim girl comes forward and says that, it violates her personal freedom of religious belief. In such situations, our constitution will protect her interest. Moreover, it is the duty of the society to support her. No religious belief is above the constitution and the constitution is supreme,” the order said, directing the trial court to dispose of the case expeditiously.

 

‘Linguistic Imperialism’: PIL in Kerala HC Over Hindi, Sanskrit Titles to Central Legislation

The petitioner, a lawyer, urged the court to issue directions to the Union government to provide English titles to Bharatiya Nagarik Suraksha Sanhita 2023, Bharatiya Nyaya Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023. 

New Delhi: A public interest litigation (PIL) has been filed in the Kerala high court arguing that parliament has no authority to name legislation in any other language except English.

The petitioner, a lawyer, urged the court to issue directions to the Union government to provide English titles to the Bharatiya Nagarik Suraksha Sanhita 2023, Bharatiya Nyaya Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023, which recently replaced the Code of Criminal Procedure, the Indian Penal Code, and the Indian Evidence Act, respectively.

Petitioner P.V. Jeevesh said the use of Hindi and Sanskrit titles to important legislation is “ultra vires”, according to the scheme of the constitution. He said such nomenclature proves disadvantageous to the legal fraternity in south India, where people are not conversant with Hindi and Sanskrit.

“The nomenclature in Hindi and Sanskrit for these legislations would create confusion, ambiguity, and difficulty for the legal community of non-Hindi and non-Sanskrit speakers, especially those belonging to the southern part of the nation,” PTI quoted him as saying.

He also went on to add, “Moreover, the names provided in the aforesaid languages are hard to pronounce for non-Hindi and non-Sanskrit speakers. Therefore, it violates the fundamental right under Article 19 (freedom of speech and expression) of the constitution.”

He also pointed out that such naming goes against Article 348 of the constitution, which deals with language to be used in the Supreme Court, high courts, and for Acts, Bills, etc.

He underlined that Article 348(1)(b) mandates that all Bills introduced in the legislative bodies and the Acts passed by them be in English.

“Therefore, the action of the respondents 1 to 4 (Centre and Union Law Ministry) is a classic example of linguistic imperialism. The actions of the respondents 1 to 4 are autocratic, capricious, unjustified and arbitrary, and antithetical to the democratic values and the principles of federalism,” he noted in his plea.

‘Not Proper’ for ED to Summon CPI(M)’s Thomas Isaac During Polls: Kerala HC

Isaac had said in his petition that the only intention behind the latest summons was to obstruct his election campaign.

New Delhi: The Kerala high court on Tuesday (April 9) told the Enforcement Directorate (ED) not to summon Communist Party of India (Marxist) leader and former Kerala finance minister Thomas Isaac for questioning during the election period. It is “not proper” to summon a candidate during this period, the court said.

Isaac is contesting the upcoming Lok Sabha elections from the Pathanamthitta constituency in Kerala as the Left Democratic Front candidate.

The court passed this order on Isaac’s plea challenging the ED’s summons issued to him in connection with a masala bonds case. He said in his petition that the only intention behind the latest summons was to obstruct his election campaign, The Hindu reported.

Last week, according to LiveLaw, the court had asked the ED to convince the court on even a single transaction that proved illegal conduct on Isaac’s part. The ED submitted some documents to the court on Monday, and the bench said some of the transactions may require an explanation.

“I have gone through the files placed before me and I do not think it is proper stage to disclose details since these are matters to put to the persons facing investigation. However, I find that some transactions require explanations and the manner in which the explanations are received by the ED will be considered a later stage since the elections are due and the petitioner is also a candidate,” Justice Ravi said.

“I think it is not proper to disturb a candidate who is facing an election for a representation in the Parliament at this stage, particularly because only less than a month is available for completing the elections,” he continued.

The matter has next been posted for hearing on May 22. This will be after polling is complete in Kerala, scheduled for April 26.

The Kerala high court’s remarks and relief for Isaac come at a time when the ED is facing severe criticism from opposition parties for its alleged interference in the elections by targeting only opposition leaders. Opposition parties have referred to the investigative agency as an “arm of the Bharatiya Janata Party”. This criticism has only grown louder after the recent arrests of Aam Aadmi Party leader and Delhi chief minister Arvind Kejriwal and Jharkhand Mukti Morcha leader and former chief minister Hemant Soren.

Doordarshan Telecasts ‘The Kerala Story’ After HC Declines Plea Against Screening

Congress MP from the state Shashi Tharoor called DD’s decision to air the film in election season “propaganda at its cheapest and worst”.

New Delhi: Hours after the Kerala high court refused to stay the telecast of The Kerala Story by Doordarshan (DD National), the communally sensitive film was aired on the channel on Friday, April 5 evening in the state.

The 2023 film, claimed to be based on a true story from Kerala, promotes the Hindutva conspiracy theory of ‘Love Jihad’ – according to which the Muslim community is deploying attractive Muslim young men to seduce Hindi women and convert them to Islam so that India eventually becomes a Muslim-majority country. Since the film’s Islamophobic content proved controversial at the time of the film’s release, a political row broke out in Kerala as soon as the Union government controlled DD National channel decided to beam it in the run-up to the 2024 general elections. The ruling Bharatiya Janata Party (BJP), driven by its Hindutva ideology, is aiming at a third straight win at the Centre.

News reports said activists from the ruling Communist Party of India (Marxist)’s youth wing, Democratic Youth Federation of India, “attempted to storm the precincts of the Doordarshan Kendra in Thiruvananthapuram on April 5 demanding that the national broadcaster rescind its decision”.

Not just the CPI (M) but the Opposition Congress too slammed the screening of the pro-Hindutva film in Kerala, calling it an “insult to the people of Kerala”.

“Hours before the film was aired at the scheduled 8 pm slot, chief minister Pinarayi Vijayan demanded that DD cancel the telecast. A petition was filed in the Kerala High Court to stop the screening, but the court didn’t issue an (interim) order, saying DD should have been given more time to respond,” reported the Times of India.

The report also underlined that both the leader of the opposition in the Kerala Assembly, V.D. Satheesan, and CPI (M) state secretary M.V. Govindan, shot off letters to the Election Commission of India, alleging that the telecast of the communally biased film was at the ruling BJP’s behest and “meant to appease a certain section of people ahead of the (general) elections”.

Also read: ‘The Kerala Story’ Is a Propaganda Film That Thrives on Shock Value

Congress MP from the state Shashi Tharoor called DD’s decision to air the film in the election season  “propaganda at its cheapest and worst”.

On April 5, hearing the petition filed by K.G. Suraj from Thiruvananthapuram seeking a directive to DD not to telecast it till the elections are over, the Kerala high court refused to pass an interim order to that effect. The petitioner had stated in his appeal that the party in power at the Centre wants to create bias in the minds of voters before the crucial elections.

However, the court, by refusing to stay its telecast, cleared the decks for DD to air it on April 5 evening as scheduled.

The court has posted the next hearing on the case on April 11.

 

SC Collegium Rejects Govt’s Objections to Judge Appointment for Political ‘Sympathies’

“…the mere fact that the candidate has had a political background may not be a sufficient reason [to deny elevation] in all cases,” the Collegium said.

New Delhi: The Supreme Court Collegium headed by Chief Justice of India D.Y. Chandrachud rejected the Union government’s objections to the elevation of advocate Manoj Pulamby Madhavan as a Kerala high court judge. The government had claimed that Madhavan was not fit to be a judge as “Madhavan is a CPI(M) sympathiser and was appointed as government pleader in 2010 and 2016-2021 by the LDF Government.”

According to Deccan Herald, the Collegium has called the government’s reasons were “vague and bereft of cogent grounds”. “Even otherwise, the mere fact that the candidate has had a political background may not be a sufficient reason in all cases,” the Collegium continued.

The Collegium also comprises Justices Sanjiv Khanna and B.R. Gavai.

The Collegium also referenced the controversial elevation of Lekshmana Chandra Victoria Gowri, who was made a Madras high court judge in 2023. Gowri had drawn criticism for her controversial remarks against religious minorities and her alleged links with the Bharatiya Janata Party.

“For example, in the recent past, an advocate has been appointed as a Judge of the High Court though she was an office bearer of a political party prior to her elevation,” the Collegium said when responding on Madhavan’s elevation.

Madhavan is from a Scheduled Caste community.

Masala Bonds Case: ED Summons to Thomas Isaac, KIIFB Officials Withdrawn, Kerala HC Told

In 2022, both the Kerala Infrastructure Investment Fund Board and Isaac had moved petitions challenging the ED summons in relation to its probe into the alleged violations of the Foreign Exchange Management Act in the issuance of ‘Masala Bonds’.

New Delhi: The Enforcement Directorate (ED) on Thursday (December 14) informed the Kerala high court of its decision to withdraw summons issued to former State finance minister Thomas Isaac and Kerala Infrastructure Investment Fund Board (KIIFB) officials regarding the Masala Bonds case.

Masala bonds are rupee-denominated bonds issued in foreign markets, allowing Indian entities to raise funds from international investors. These bonds are an instrument for Indian companies to tap into global capital markets without exposing themselves to the risk of currency fluctuations since the issuance is in Indian Rupees.

In 2022, both KIIFB and Isaac had moved petitions challenging the summons by the Enforcement Directorate (ED) in relation to its probe into the alleged violations of the Foreign Exchange Management Act (FEMA) in the issuance of ‘Masala Bonds’.

The petition moved by Isaac challenged the summons issued by the ED seeking his personal documents as well as those of his family members in connection with the same probe, LiveLaw reported.

Similarly, the KIIFB challenged the repeated issuance of summons by the ED to KIIFB officers, including its CEO, K.M. Abraham, the report noted.

The Reserve Bank of India (RBI) confirmed to the high court that it had issued a Non-Objection Certificate (NOC) to the KIIFB under the Foreign Exchange Management Act (FEMA) for raising funds through masala bonds abroad.

Following an interim order on October 10, 2022, preventing further ED summons for two months, Justice Ramachandran allowed the ED to issue fresh summons on November 24. This decision was challenged by Isaac and KIIFB officials, leading to a stay on December 7.

Subsequently, on December 14, the court was informed of the withdrawal of the summons.

Earlier in 2022, Isaac had termed the ED notice to him as a ‘political move’ by the Bharatiya Janata Party government at the Centre, alleging it was misusing all investigation agencies for its political gains.

“KIIFB is the primary agency of the state government for financing large and critical infrastructure projects and had last year raised Rs 2,150 crore through its debut masala bond issue as part of its plan to mobilise Rs 50,000 crore to fund large and critical infrastructure projects in the southern state,” Isaac had written on his Facebook page, reacting to the first ED notice.

Hadiya Denies Father’s Fresh Claims That She Is Under ‘Illegal Detention’

The Kerala woman’s conversion to Islam and subsequent marriage to a Muslim man resulted in a landmark ruling by the Supreme Court about the autonomy of adult women.

New Delhi: Hadiya, the Kerala woman whose conversion to Islam and marriage to a Muslim man resulted in a landmark ruling by the Supreme Court about the autonomy of adult women, has denied her father’s fresh allegation that she is under illegal detention by her husband.

According to the Indian Express, the homeopathy doctor said in a video on Saturday that she has separated from her first husband Shafin Jahan and has remarried. “The Constitution has given the right for every person to enter into marriage and get out of the relationship. It is a common thing in society. I don’t understand why society is getting irritated in my case. I am a grown-up who is capable of making decisions. When I could not continue the marriage (with Jahan), I got out of it. Now, I have married another person of my choice. I am happy and living as a Muslim. My parents are also aware about the remarriage” she said, according to the report.

The video was released a day after her father K.M. Ashokan moved a habeas corpus petition in the Kerala high court alleging that he could not reach Hadiya over the phone and her homeopathy clinic was shut.

But Hadiya said on Saturday that she doesn’t know why her father moved the high court. She did not disclose details of her new partner, saying there was no need to make them public. She has moved to Thiruvananthapuram from Mallapuram, according to Indian Express.

According to Hindustan Times, she said her “father has created troubles making it difficult for me to live. There have been cyberattacks on me which has made my life difficult. My father has always been made a tool by the Sangh Parivar forces. It is sad that he is allowing himself to be used that way.”

Hadiya also denied the claims that her phone was switched off, stating instead that she was “in constant touch with her parents”. “I have remarried and I don’t think it needs to be a subject of discussion again. I am a mature adult who is capable of taking her own decisions,” she said.

Background

Born into a Hindu family in Kottayam, Hadiya said she was drawn to Islam when studying in Tamil Nadu. She converted to that faith and married Jahan. Her father filed a habeas corpus plea in 2016, challenging the marriage. The high court nullified the marriage and ordered her to be placed in the protective custody of her Hindu parents or an institution, so that she is “prevented from being a further victim of love jihad”. The judgment was perhaps the first time that a constitutional court used this term, a conspiracy theory that claims there is a plot to convert Hindu women to Islam through marriage.

The Supreme Court in March 2018 restored her marriage and allowed her to live with her husband Jahan. The top court allowed the National Investigation Agency (NIA) to probe the incident to see if she was forced to convert to Islam. The agency later closed the case, finding no evidence to support such a claim.

SC Sets Aside Reappointment of Kannur Uni VC, Cites Kerala Govt’s ‘Unwarranted Interference’

Justice Pardiwala read out a press release from the Raj Bhavan in court which said that the chief minister and higher education minister had initiated the reappointment process.

New Delhi: The Supreme Court on Thursday, November 30, set aside the reappointment of Gopinath Ravindran as the vice-chancellor of Kannur University, saying the Kerala government made “unwarranted interference” in the matter.

Ravindran was the first vice chancellor in the history of the state to be re-appointed.

According to The Hindu, the verdict was delivered by a bench led by Chief Justice of India D.Y. Chandrachud. The top court overturned the Kerala high court’s February 2022 decision which upheld the validity of a November 23, 2021 notification reappointing Ravindran.

In the judgment, authored by Justice J.B. Pardiwala, the Kerala government was accused of “unwarranted interference” in the reappointment process, which led to the chancellor (the state’s governor) abdicating/surrendering his statutory powers.

Justice Pardiwala read out a press release from the Raj Bhavan in court, according to The Hindu, which said that the chief minister and higher education minister had initiated the reappointment process.

According to the Indian Express, the Supreme Court declared, “The impugned judgement and the order passed by the high court dated February 23, 2022 is hereby set aside and as a consequence, the notification dated November 23, 2021 reappointing the respondent number 4 (Ravindran) as the vice chancellor of the Kannur University is hereby set aside.”

A Kerala high court division bench had on February 23, 2022 dismissed an appeal against a single-judge order upholding Ravindran’s re-appointment. It said the appointment was in accordance with the law and that he was not “an usurper to the post”.

The high court’s decision came in a quo warranto writ petition filed by a member of Kannur University’s senate another person is a member of the Academic Council (Management Studies), Kannur University. According to The Hindu, they claimed the reappointment was not based on the independent evaluation or consideration of the contributions of Ravindran but instead at the state government’s request.

The newspaper reported that the Supreme Court’s decision was welcomed by the Kerala Students Union (KSU), whose vice president P. Mohammad Shammas said it is a “blow to the arrogance of the Pinarayi Vijayan-led government”. He praised the judicial system as the “last hope” for the survival of the higher education sector.

Lakshadweep Lok Sabha MP Mohammed Faizal Reinstated for the Second Time

The NCP leader was disqualified on October 4 for the second time after the Kerala high court refused to stay his conviction in the 2009 case.

New Delhi: The Lok Sabha Secretariat on Thursday (November 2) restored the membership of Lakshadweep MP Mohammed Faizal after the Supreme Court suspended his conviction in an attempt to murder case last month.

The Nationalist Congress Party (NCP) leader had been disqualified after a Lakshadweep sessions court had convicted him in January this year for attempting to murder Padanath Salih, the son-in-law of former Union minister and Congress leader P.M. Sayeed, during the 2009 Lok Sabha elections.

Faizal’s disqualification from the House has “ceased to operate subject to further judicial pronouncements”, a notification issued by Lok Sabha Secretary General Utpal Kumar Singh said.

On November 1, NCP leader Supriya Sule wrote to Lok Sabha Speaker Om Prakash Birla, seeking Faizal’s reinstatement on the grounds that it had been 23 days since the apex court ordered his reinstatement, Times of India reported.

Citing the Supreme Court order, she said that the Lok Sabha Secretariat’s failure to act on the apex court’s directions was “depriving Lakshadweep of its rightful representation”.

Faizal was first disqualified as an MP on January 11, following his sentencing to 10 years’ imprisonment and a fine of Rs 1 lakh by a sessions court in Kavaratti, the Indian Express reported.

After his initial disqualification from the Lok Sabha, Faizal had challenged the verdict in the Kerala high court, which suspended his conviction and sentence on January 25. The thrust of the court’s order was on the expenditure to the exchequer that the by-election would cause. He was eventually reinstated as a member of the Lok Sabha, The Wire had reported.

In August, the Supreme Court set aside that order, asking the high court to consider the matter afresh. It said that if the high court’s reasoning was allowed to stand, the conviction and sentence of every elected politician would have to be suspended to avoid the financial burden of by-elections.

He was disqualified on October 4 for the second time after the Kerala high court refused to stay his conviction in the 2009 case.

According to the Times of India, Faizal attended both the monsoon session and parliament’s special session that passed the Women’s Reservation Bill, where he voted in favour of the legislation along with the other NCP MPs.

However, on October 9, a Supreme Court bench of Justices Hrishikesh Roy and Sanjay Karol stayed the Kerala high court’s order, LiveLaw reported.

The bench said that the top court’s August 22 order in the matter would take effect. The order specified that the benefit of suspension of Faizal’s conviction would continue while the matter was remanded to the high court.

NCP’s Mohammed Faizal to Continue in Lok Sabha After Supreme Court Stays Kerala HC Order

The court also sought responses from the Lakshadweep administration and the complainants in the case.

New Delhi: The Supreme Court on Monday (October 9) stayed a Kerala high court order which had refused to suspend the conviction of Mohammed Faizal, the disqualified Nationalist Congress Party (NCP) Lakshadweep MP, in an attempt to murder case.

With this decision, the bench of Justices Hrishikesh Roy and Sanjay Karol effectively restored Faizal’s Lok Sabha membership. The court also sought responses from the Lakshadweep administration and the complainants in the case, Bar and Bench reported.

Faizal had October 4 been disqualified as the Lok Sabha member from Lakshadweep following the Kerala high court’s refusal the day before to suspend his conviction.

In January this year, Faizal and three others were convicted for attempting to murder a Congress leader’s son-in-law during the 2009 general elections. The court sentenced him to 10 years in jail, which led to his automatic disqualification from the Lok Sabha. A couple of weeks later, another single-judge bench of the Kerala high court suspended his conviction. The thrust of the court’s order was on the expenditure to the exchequer that the by-election would cause. He was eventually reinstated as a member of the Lok Sabha.

In August, the Supreme Court set aside that order, asking the high court to consider the matter afresh. It said that if the high court’s reasoning was allowed to stand, the conviction and sentence of every elected politician would have to be suspended to avoid the financial burden of bye-elections.

On October 3, the high court once again refused to suspend his conviction but suspended the sentence.

Faizal’s lawyer Kapil Sibal has argued that the incident was a fight between Congress and NCP workers, and that the witnesses were all Congress workers and there are no independent witnesses.