Kerala High Court stays single judge’s observation against former cop

The bench also stayed the single judge’s observation that there was prima facie case to proceed against Siby Mathews.
Kerala High Court.
Kerala High Court.(File photo)

KOCHI : A division bench of the Kerala HC on Friday admitted an appeal filed by former police officer Siby Mathews against a single judge order that directed the police to register an FIR against him for allegedly revealing the identity of the Suryanelli rape survivor in his book. Siby’s counsel submitted the complainant, K K Joshwa, had worked as the ex-cop’s subordinate officer and had an axe to grind.

The bench also stayed the single judge’s observation that there was prima facie case to proceed against Siby, besides staying the quashing of the Thiruvananthapuram city police commissioner’s decision not to take action on a complaint seeking to register an FIR against him.

The court observed that the single judge’s observation of a prima facie case required to be stayed as there would be no alternative for the investigation officer to proceed further under the law in connection with the FIR already registered. The bench also said it will be open to Siby to challenge the FIR.

“What is left for the police to investigate when the single judge has already found that the former officer committed the offence under Section 228A of the IPC. The single judge could have observed that the police commissioner’s finding was not correct, and it should have been left to the police to investigate,” said the bench.

The single judge had directed the Mannanthala police in Thiruvananthapuram to consider the complaint by Joshwa, a former police officer, seeking to register an FIR. At the hearing, the bench was informed that an FIR had already been registered under Section 228A of the IPC.

HC forms panel to regulate pokkali cultivation

The Kerala HC has appointed an expert committee to report on regulating pokkali cultivation in Cherthala, Alappuzha. K G Padmakumar, director, the International Research and Training Centre, Alappuzha, and Veena Vignesh, assistant professor, of Kerala Agricultural University Rice Research Study Centre, Vyttila are its members. The panel has been tasked with recommending steps to ensure people living on the embankments of pokkali fields within Thuravur and Kothiyathodu are not affected by flooding and saline water incursion.

HC quashes order confirming sale of Highrich properties

The Kerala HC has quashed a Thrissur special court’s order that confirmed the provisional order of attachment and permission to sell the attached properties of the Highrich Online Shoppe Pvt Ltd as part of the probe into a money laundering case. The prosecution alleged that the company illegally collected over Rs I3,000 crore, which it then laundered. The Competent Authority under the BUDS Act ordered provisional attachment of all movable and immovable properties of the company. When it was allowed, the company moved the HC against it.

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