Justice delayed is justice denied: Kerala High Court's stern warning to authorities

The court observed that delay is a weapon used by the powerful to defeat the weak.
Kerala High Court.
Kerala High Court.(File photo)

KOCHI: Coming down heavily on the appellate authority of the industries department for taking six months to pass an order in an appeal after concluding the hearing of the affected parties, the Kerala High Court observed that justice delayed is not a violation of rights alone, but also a threat to the very fabric of society.

Justice P V Kunhikrishnan also issued guidelines for statutory authorities in the state for considering appeal, revision and other pleas. The court said that after the hearing is concluded in appeals, revisions and other statutory proceedings, the statutory authorities should pass final orders within one month.

The court made it clear that if there was a delay in passing final orders beyond one month after conclusion of the hearing on appeals, the order should reflect the reason for the delay. If no proper reason is mentioned and there is prejudice to the parties because of the delay, that itself is a reason to set aside that order.

The court observed that delay is a weapon used by the powerful to defeat the weak. Justice is not only delayed but also denied when passing final orders are postponed indefinitely.

Therefore, a delay in justice is a defeat for justice. If the delay is longer, prejudice to the parties is immeasurable. If this practice is continued, there will be far-reaching consequences and the faith of the public in the decision-making by the statutory authorities will be lost.

Dist magistrates can’t fix period of KAAPA detention: HC

The Kerala High Court on Friday held that a letter issued by the home department permitting district magistrates to propose the period of detention under Kerala Anti-Social Activities (Prevention) Act (KAAPA) was illegal. The court said that no authority, including the government, can fix the period of detention beyond three months under any law while issuing the initial order. The power exclusively vested with the government under Section 10(4) of the KAAPA to fix the period of detention cannot be delegated to district magistrates. The court made it clear that the power to fix the period of detention can be exercised only after receiving a report of the KAAPA Advisory Board. The court issued the directive while quashing a detention order.

Vandana Das murder: HC asks Sandeep to face trial

The Kerala High Court dismissed the petition filed by Sandeep, the sole accused in the case relating to the murder of Vandana Das, a house surgeon at the Kottarakkara Taluk Hospital, seeking discharge from the case. The court said that the knowledge of the accused that the injuries were sufficient to cause death of the person to whom the injuries were inflicted, prima facie, warranted the framing of charges.

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