Supreme Court Allows Kerala Govt To Withdraw Plea To Restore UAPA Charges Against Alleged Maoist Leader
2 years, 3 months ago

Supreme Court Allows Kerala Govt To Withdraw Plea To Restore UAPA Charges Against Alleged Maoist Leader

Live Law  

The Supreme Court on Friday allowed the State of Kerala to withdraw the petition filed by it seeking to restore the UAPA charges against alleged Maoist leader Roopesh. The State had approached the Supreme Court challenging the order of the Kerala High Court discharging alleged Roopesh of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. Today, Senior Advocate Jaideep Gupta, appearing for the State of Kerala, submitted before the bench of Justice M. R. Shah and Justice Krishna Murari : " This is a question of law, view taken is that there is a judgment of this court. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned Maoist organization distributed pamphlets containing "seditious writings" in tribal colonies in Wayanad district, on the ground of irregularities in the order granting sanction for prosecution.

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History of this topic

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
3 weeks, 3 days ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month, 2 weeks ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Kerala govt. urged to withdraw alleged move to register fresh case against Roopesh
3 months, 2 weeks ago

Kerala govt. urged to withdraw alleged move to register fresh case against Roopesh

The Hindu  

A group of writers and activists have urged the State government to withdraw the reported steps to register a fresh case against Roopesh, who has been in jail for around 10 years for alleged Maoist links. Sankara Pillai, among others, alleged that the Kozhikode Crime Branch and the Kerala Anti-Terrorist Squad were reportedly going ahead with the case. The incident …

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape
6 months, 2 weeks ago

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

Live Law  

The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code. Therefore, by applying the principle holding the view that, in an exceptional case, even criminal …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
7 months, 3 weeks ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Supreme Court Dismisses Kerala Govt's Petition Challenging HC Direction To Pay Rs.1 Lakh Compensation To Man Illegally Detained As Maoist
8 months ago

Supreme Court Dismisses Kerala Govt's Petition Challenging HC Direction To Pay Rs.1 Lakh Compensation To Man Illegally Detained As Maoist

Live Law  

The Supreme Court has dismissed the Special Leave Petition filed by the State of Kerala challenging a 2019 judgment of the Kerala High Court which directed the State to grant Rs.1 lakh compensation to a man who was illegally detained by the police on suspicion of being a Maoist.A bench comprising Justices Sudhanshu Dhulia and PB Varale dismissed the State' …

Kerala High Court Dismisses MLA Ganesh Kumar's Plea To Quash Case For Alleged Conspiracy Against Deceased Former CM Oommen Chandy
1 year, 2 months ago

Kerala High Court Dismisses MLA Ganesh Kumar's Plea To Quash Case For Alleged Conspiracy Against Deceased Former CM Oommen Chandy

Live Law  

The Kerala High Court on Friday dismissed the plea filed by MLA K.B. Ganesh Kumar seeking to quash the case against him in connection with alleged conspiracy involved in naming late Congress leader and former Chief Minister of the State, Oommen Chandy, in the solar sexual assault case.The case is pending before court of Judicial First Class Magistrate at Kottarakkara,"Serious. …

Supreme Court Refuses To Stay Kerala HC Proceedings In Petition Challenging Election Of Congress MLA K Babu
1 year, 3 months ago

Supreme Court Refuses To Stay Kerala HC Proceedings In Petition Challenging Election Of Congress MLA K Babu

Live Law  

The Supreme Court on Tuesday refused to stay the proceedings in the election petition filed against Congress MLA K Babu pending before the Kerala High Court, challenging his election from the Tripunithura constituency in the 2021 Kerala Legislative Assembly Elections.The Election Petition in the High Court was filed by CPI leader M Swaraj seeking to declare the election of Babu …

No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court
1 year, 3 months ago

No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court

Live Law  

The Supreme Court has ruled that since appeal is a statutory remedy, the assessee cannot be barred from seeking restoration of the appeal which was withdrawn by him as a pre-condition for availing the benefit under an Amnesty scheme, if the assessee is subsequently unsuccessful in availing the benefit of the scheme. The court thus set aside the order of …

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials
1 year, 4 months ago

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials

Live Law  

The Kerala High Court yesterday upheld the order of a Magistrate dismissing a vexatious compliant filed against 48 high ranking bureaucrats and police officials of the State. On an appreciation of the circumstances arising in the case, this Court is of the view that the learned Magistrate was justified in dismissing the complaint, nipping off, at the threshold itself, a …

Nepotism Allegations Against 2022 Kerala State Awards: Director Lijeesh Files Appeal Against Single Judge's Order Dismissing His Plea
1 year, 4 months ago

Nepotism Allegations Against 2022 Kerala State Awards: Director Lijeesh Files Appeal Against Single Judge's Order Dismissing His Plea

Live Law  

Malayalam Cine Director Lijeesh M.J. has moved an appeal in the Kerala High Court against the Single Judge's dismissal of his plea seeking to set aside the declaration of Kerala State Awards For Malayalam Films & Writings On Cinema 2022.The Director of the Malayalam Movie, 'Aakaashathinu Thaazhe', Lijeesh, had filed the plea alleging that the declaration of the Awards was …

Kerala High Court Refuses Bail To Two Andhra Pradesh Natives Accused Under UAPA For Spreading Maoist Ideology
1 year, 8 months ago

Kerala High Court Refuses Bail To Two Andhra Pradesh Natives Accused Under UAPA For Spreading Maoist Ideology

Live Law  

The Kerala High Court on Tuesday refused to set aside the order of a Special NIA court denying bail to two Andhra Pradesh natives for their alleged involvement in the terrorist organization CPI.The accused persons are alleged to have been involved in radicalizing youth and persuading them to join the terrorist organisation. The Kerala High Court on Tuesday refused to …

Breaking: Kerala High Court Sets Aside Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sreeram Venkataraman
1 year, 8 months ago

Breaking: Kerala High Court Sets Aside Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sreeram Venkataraman

Live Law  

The Kerala High Court on Thursday set aside a Sessions Court order dropping culpable homicide charges against IAS Officer Sreeram Venkitaraman in the infamous road rage case. The Additional Sessions Court I, Trivandrum, dropped the charges under Section 304 which provides punishment for culpable homicide and Section 201, which penalizes causing disappearance of evidence of offence or giving false information, …

UAPA & Preventive Detention: Important High Court Judgments 2022
2 years ago

UAPA & Preventive Detention: Important High Court Judgments 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Preventive Detention Not Tenable When Other Penal Laws Sufficient To Deal With The Situation: Gujarat High Court Case Title: Dilip Bhavanishankar Yadav v. State Of Gujarat Case Citation: 2022 LiveLaw 85 "Unless and until, the material is there to make outa case that the …

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case
2 years, 2 months ago

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case

Live Law  

Allowing the state government and victim's petitions challenging the sessions court order, the Kerala High Court on Thursday cancelled author and social activist Civic Chandran's anticipatory bail in a sexual harassment case. The Kerala State Government and the De Facto Complainant had approached the High Court challenging the anticipatory bail granted to Writer-Activist Civic Chandran, arguing that the order is …

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader
2 years, 4 months ago

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader

Live Law  

The Supreme Court on Friday issued notice in a petition preferred by the State of Kerala against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution. The High Court bench …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 5 months ago

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

Live Law  

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned …

'Unwholesome': Kerala High Court Deletes Bail Condition Imposed On Migrant Labourers To Produce Sureties From State
2 years, 10 months ago

'Unwholesome': Kerala High Court Deletes Bail Condition Imposed On Migrant Labourers To Produce Sureties From State

Live Law  

The Kerala High Court last week deleted the condition imposed by a Judicial Magistrate of producing sureties from Kerala on the bail granted to a group of migrant labourers.In a plea moved by the workers, Justice K. Haripal observed that it was unwholesome to insist them to produce sureties from the State itself while deleting the condition that sureties must …

Principle Of Locus Standi Alien To Criminal Law, Magistrate Can't Return Complaint Merely Because It Was Filed By Complainant's Wife: Kerala HC
2 years, 10 months ago

Principle Of Locus Standi Alien To Criminal Law, Magistrate Can't Return Complaint Merely Because It Was Filed By Complainant's Wife: Kerala HC

Live Law  

The Kerala High Court recently ruled that a Magistrate cannot return a complaint merely on the ground that it was filed by the wife of the complainant. Justice K. Haripal also emphasised that criminal law can be set in motion by anyone and that principle of locus standi does not apply in criminal jurisprudence. The Court found the act of …

'Nothing To Show His Active Involvement': Kerala High Court Grants Bail To UAPA Accused Under Judicial Custody Since 2015
3 years ago

'Nothing To Show His Active Involvement': Kerala High Court Grants Bail To UAPA Accused Under Judicial Custody Since 2015

Live Law  

The Kerala High Court on Thursday reversed an order of a Single Judge denying bail to a 67-year-old suspected Maoist undertrial charged under Section 43D of the Unlawful Activities Prevention Act. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran while granting bail to the appellant, observed: ".that the accused shared the same ideology of another accused, …

Supreme Court Judgment In Thwaha Fasal UAPA Case- A Flicker of Hope
3 years, 2 months ago

Supreme Court Judgment In Thwaha Fasal UAPA Case- A Flicker of Hope

Live Law  

Today, the Supreme Court handed down an important judgment reading down Sections 38 and 39 of the Unlawful Activities Prevention Act. On appeal, however, a two-judge bench of the Supreme Court, in a judgment authored by Oka J, set aside the High Court's judgment, and restored Thwaha Faisal's bail. Assuming all this was true, the bench holds, it must nonetheless …

UAPA Case : Supreme Court Grants Bail To Thwaha Fasal, Dismisses NIA's Appeal Against Allan Shuhaib's Bail
3 years, 2 months ago

UAPA Case : Supreme Court Grants Bail To Thwaha Fasal, Dismisses NIA's Appeal Against Allan Shuhaib's Bail

Live Law  

The Supreme Court on Thursday restored the Special NIA Court, Kochi's order granting bail to Kerala youth Thwaha Fasal and Allan Shuhaib in a UAPA case over alleged Moist links.The bench of Justices Ajay Rastogi and Abhay Sreeniwas Oka delivered the judgment in the following appeals : The appeal filed by Thwaha Fasal, a journalism student, challenging the judgment of …

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case
3 years, 3 months ago

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case

Live Law  

The Kerala High Court on Friday issued notice to the State on a petition challenging the Government Order directing to withdraw the suspension of certain officers in the Excise Department who were accused in a custodial death case.Justice PV Kunhikrishnan issued notice in a plea moved by wife of the deceased, Renjith Kumar; he died in Excise custody two years …

UAPA Case Over Alleged Maoist Links : Supreme Court Issues Notice On NIA's Challenge To Bail Granted To Kerala Youth Allan Shuhaib
3 years, 4 months ago

UAPA Case Over Alleged Maoist Links : Supreme Court Issues Notice On NIA's Challenge To Bail Granted To Kerala Youth Allan Shuhaib

Live Law  

The Supreme Court on Thursday issued notice in the special leave petition filed by the National Investigation Agency challenging the Kerala High Court judgment which did not interfere with the trial court's order granting bail to law student Allan Shuhaib in a UAPA case registered over alleged Maoist links. A bench comprising Justices UU Lalit and Ajay Rastogi tagged the …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 5 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

Supreme Court To Hear On July 5 Pleas Seeking Withdrawal Of Cases Over 2015 Assembly Ruckus
3 years, 6 months ago

Supreme Court To Hear On July 5 Pleas Seeking Withdrawal Of Cases Over 2015 Assembly Ruckus

Live Law  

The Supreme Court on Tuesday decided to hear next Monday, July 5, State of Kerala's plea seeking the withdrawal of criminal cases against six prominent CPI members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015. After the Kerala Government approached the Supreme Court, the six accused members also filed petitions in the Supreme Court seeking …

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor
3 years, 8 months ago

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor

Live Law  

In two cases, the Kerala High Court quashed charges of sexual assault against a 22-year-old man in light of his subsequent marriage to the prosecutrix. In the first case, a Bench comprising of Justice K Haripal recently quashed a chargesheet filed by the police in February 2019 charging the man with sexual assault and other charges under the Indian Penal …

'Mere Possession Of Maoist Literature Not An Offence' : Thwaha Fasal Moves Supreme Court Against Kerala HC's Order Cancelling Bail In UAPA Case
3 years, 9 months ago

'Mere Possession Of Maoist Literature Not An Offence' : Thwaha Fasal Moves Supreme Court Against Kerala HC's Order Cancelling Bail In UAPA Case

Live Law  

Kerala youth Thwaha Fasal, booked under the UAPA for alleged Maoist links, has approached the Supreme Court challenging the Kerala High Court's judgment which set aside the bail granted to him by the trial court.In the special leave petition filed in the Supreme Court, Fasal has stated that the High Court failed to note that "mere possession of Maoist literature …

BREAKING : Karnataka High Court Stays State Government Decision To Drop 61 Criminal Cases Against Ministers, MLAs
4 years ago

BREAKING : Karnataka High Court Stays State Government Decision To Drop 61 Criminal Cases Against Ministers, MLAs

Live Law  

In a set back to the BS Yeddyurappa-led government, the Karnataka High Court on Monday stayed the government order dated August 31, by which it had decided to drop criminal prosecution in 61 cases against elected Representatives and Ministers. A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty ordered : "We direct that no further steps …

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case
4 years, 1 month ago

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case

Firstpost  

Both the Kerala government and the survivor have alleged that the trial judge at Kerala High Court refused to record certain portions of the survivor’s testimony without any justification, despite repeated requests by the prosecutor. The government of Kerala will reach out to the Supreme Court to appeal against Kerala High Court’s dismissal of pleas to transfer the trial in …

Cabinet Decided To Recommend Governor To Withdraw Ordinance On 118A of Kerala Police Act: Govt. Informs Kerala High Court
4 years, 1 month ago

Cabinet Decided To Recommend Governor To Withdraw Ordinance On 118A of Kerala Police Act: Govt. Informs Kerala High Court

Live Law  

The Kerala High Court on Wednesday recorded the submission made by the Additional Advocate General of Kerala that the Cabinet has decided to withdraw the controversial Amendment to Kerala Police Act introducing Section 118A of the Act.Recording this submission, the bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly adjourned the petitions. The Kerala High Court on Wednesday …

Kerala HC Dismisses Quo Warranto Plea Challenging Appointment Of Its Former Judge As Chairman Of Kerala State Commission for Backward Classes [Read Judgment]
4 years, 3 months ago

Kerala HC Dismisses Quo Warranto Plea Challenging Appointment Of Its Former Judge As Chairman Of Kerala State Commission for Backward Classes [Read Judgment]

Live Law  

The Kerala High Court has dismissed a quo warranto petition against Justice G. Sasidharan, who is Chairman, Kerala State Commission for Backward Classes.One S. Subramaniam had approached the High Court contending that Justice Sasidharan was appointed to the post of Upa LokAyukta, and therefore is disqualified from being appointed as a Chairman of the Backward Classes Commission, an appointment. The …

UAPA : Kerala HC Denies Bail To Students Arrested For Alleged Maoist Links [Read Judgment]
5 years, 1 month ago

UAPA : Kerala HC Denies Bail To Students Arrested For Alleged Maoist Links [Read Judgment]

Live Law  

The High Court of Kerala on Wednesday denied bail to Allan Shuhaib and Thawaha Fazal, who were arrested by Kerala police under Unlawful Activities Prevention Act for alleged links with banned Maoist organization.Dismissing their appeals filed against the order of Kozhikode Sessions Court, a division bench of Justices A Hariprasad and N Anil Kumar expressed the prima facie view that …

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]
5 years, 3 months ago

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]

Live Law  

In a notable judgment, the High Court of Kerala has discharged alleged Maoist leader Roopesh of charges under Unlawful Activities Prevention Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution.The Court was considering three revision petitions filed by Roopesh challenging the orders of the Sessions. In …

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