Kerala High Court: Yearly Digest 2021
Live LawWith 2021 coming to a close, LiveLaw brings to you an annual Round-up of significant updates of the Kerala High Court. Gold Smuggling With A Mere Illegal Profit Motive Not A 'Terrorist Act' Under UAPA While dismissing the appeals filed by the National Investigation Agency against an order of the Special NIA Court at Kochi granting bail to ten persons who were accused in the diplomatic channel gold smuggling case, a division bench comprising Justices A Hariprasad and MR Anitha held that mere act of gold smuggling, which is covered under the Customs Act, will not amount to a "terrorist act" under the Unlawful Activities Prevention Act unless the same is done with the intention to threaten the economic security of the nation. UAPA: Place Of Occurrence Does Not Matter To Determine Sanctioning Authority Under Section 45 A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly held that the place of occurrence will not matter for determining the sanctioning authority under Section 45 of the Unlawful Activities Act while dismissing the appeals of senior CPI leader P Jayarajan and other accused in the Kathiroor Manoj murder case. Bail Granted To Journalism Student In UAPA Case Cancelled Individual rights should subserve the national interest, observed a Division Bench comprising Justice A. Hariprasad and Justices K. Haripal while setting aside the order passed by Special NIA Court Kochi granting bail to Thwaha Fasal in a UAPA case for alleged Maoist links. Guidelines Issued For Family Court To Endorse Divorce Under Muslim Personal Law: Detailed Enquiry Not Necessary A Division Bench comprising Justice A. Muhamed Mustaque and Justice Kauser Edappagath formulated guidelines to be followed by the Family Court in a petition filed to endorse an extrajudicial divorce under Muslim Personal Law.