Magistrates, judge not above law; have to face consequences for dereliction of duty: Kerala HC
Kochi (PTI): Magistrates, judges and other presiding officers are not above the law and they have to face consequences for dereliction of duty, the Kerala High Court said on Friday while ordering suspension of a former Chief Judicial Magistrate (CJM) of Lakshadweep for allegedly forging evidence in a criminal trial to convict an accused.
"This should be a lesson to all," Justice P V Kunhikrishnan said while directing the Administrator of the Union Territory of Lakshadweep to place the former CJM, presently the Secretary of the District Legal Services Authority in the island archipelago, under suspension during pendency of the disciplinary proceedings against him.
"In the facts and circumstances of this case, this court has to conclude prima facie that the additional 3rd respondent (former CJM) committed forgery by creating the evidence of PW7 (one of the witnesses in the criminal case)... Prima facie, I am of the opinion that the additional 3rd respondent committed serious misconduct and dereliction of duty," the high court said.
"The Administrator, Union Territory of Lakshadweep is directed to place the additional 3rd respondent under suspension forthwith and conduct a detailed enquiry about his actions mentioned in this order forthwith and take appropriate steps in accordance with law, untrammelled by any observation in this judgement," it stated.
The high court issued notice under Section 340 (perjury proceedings) of the Criminal Procedure Code (CrPC) to the former CJM K Cheriyakoya and also the then bench clerk P P Muthukoya and LD clerk A C Puthunni for conducting preliminary enquiry.
All three persons were directed to appear before the high court on January 23, 2023.
The high court was of the "considered view" that the bench clerk and LD clerk, who were posted with the former CJM, were colluding with him to justify his acts.
The directions and observations came on a plea moved by the convicted persons alleging that the former CJM, due to a personal enmity with them, forged evidence of the investigating officer and sentenced them to four-and-a-half years in jail for the offences of unlawful assembly, rioting and obstructing, by use of force, a public servant from discharging his duties.
The case was lodged against the petitioners-accused for obstructing plucking of coconuts, with police assistance and under supervision of the Deputy Surveyor, by a contractor from Agatti.
The accused-petitioners claimed before the high court that the former CJM has personal enmity towards them because some of them are the plaintiffs in a civil suit and had filed a complaint against him, for his allegedly prejudiced view in that matter, before the Registrar (Subordinate Judiciary) of the High Court of Kerala.
The petitioners contended in the high court that the evidence of the investigating officer (IO) in the criminal case was never recorded, but the CJM allegedly forged the same to convict them.
The IO, in an affidavit before the high court, supported the stand of the accused by categorically stating that he had not given any evidence before the former CJM.
"If that is the case, this court has to presume prima facie that the additional 3rd respondent created or forged the evidence of PW7 (IO)," the high court said.
It further said, "The Magistrate, Judges and other presiding officers are not above the law and if they commit any dereliction of duty, they have to face the consequences. The pen of a judicial officer is powerful, but it should be used with great caution, of course without fear and favour."
As the high court had issued an interim direction deferring coercive steps against the petitioners so that they can approach the appellate court against the CJM order, it said no further orders are necessary on that aspect.
The high court said that the "petitioners are free to agitate all their contentions raised in these original petitions before the appellate court in accordance with law".
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Udupi: Two men from Belthangady awarded life imprisonment for attempt to murder a woman in 2022
Udupi: Two men from Belthangady have been sentenced to life imprisonment by a court in Udupi for attempting to murder a woman in Manchikumeri in 2022.
The sentenced men, Mithun and Nagesh Poojary, are learned to have attempted to murder Sumathi, wife of Ramanath Rai, a resident of Manchikumeri, who had a Nandini Milk Parlour at Tiger Circle, Manipal.
On February 18, 2022, Sumathi was reportedly alone at home when, at around 7 pm, Mithun, learned to be her nephew, and his friend Poojary came to the house. As Sumathi opened the door, the duo barged in and tried to strangulate her with an intention of murdering her. Sumathi reportedly lost consciousness under the attack.
The men packed her body in a sack and were then putting the sack into a suitcase to carry the body out, when they noticed that Rai and neighbours had arrived. They are learned to have opened the door when Rai knocked the door and then tried to escape. They were, however, caught by the neighbours and handed over to the police.
Further, Sumathi was found by the group in an unconscious state inside the suitcase in the house. She was rushed to the Manipal Hospital and learned to have recovered after a week of medical treatment.
A case had been registered at the Manipal Police Station.
The Udupi Principal District and Sessions Court judge Kiran S Gangannavar, who heard the case, has declared both Mithun and Poojary guilty in the case. He has awarded them life imprisonment, fined them Rs 20,000 each and, under Column 325, sentenced them to rigorous imprisonment of 5 years and fined them Rs 5,000 each.
Judge Gangannavar has directed that, of the fine, Rs 45,000 be handed to the attack victim Sumathi as relief.
Jayarama Shetty represented the government as Public Prosecutor.
