Kerala HC Issues Show Cause Notice To Former Judge Of Lakshadweep For Allegedly Manipulating Evidence Of A Witness

The Kerala High Court has issued a show cause notice to K. Cheriyakoya, former Sub Judge/Chief Judicial Magistrate, Amini, Lakshadweep, who has been accused of manipulating the evidence of a witness in a case.

The bench of Justice P.V. Kunhikrishnan observed that the main allegation against the former Judge is that he manipulated the evidence of a witness.

"It is fundamental in criminal law that if a witness is examined before the Court, the deposition should be read over to the witness and he should sign the deposition then and there. The explanation of the Magistrate shows that PW7, the Investigating Officer in this case, after giving evidence, left the court premises without signing the deposition. Even if this is accepted, I am of the prima facie opinion that this is a clear case of dereliction of duty.", the Court noted.

Advocates Lal K. Joseph and Koya Arafa Mirag appeared for the petitioner whereas Standing Counsel Sajith Kumar V appeared for UT of Lakshadweep.  

Earlier the High Court had directed the Registrar (District Judiciary) to get a report from the Chief Judicial Magistrate Court, Amini, about the allegations.

As per the direction of the Court, the then Chief Judicial Magistrate gave a report which was produced before the High Court.

"I am prima facie of the opinion that the explanation given by the Chief Judicial Magistrate is not acceptable.", the Court observed.

Thus the Court directed for issuance of a show cause notice to the former Judge for explaining why disciplinary proceedings shall not be recommended against him.

The Court has directed him to file his explanation to the show-cause notice before the next posting date.

"Issue show-cause notice to the additional 3rd respondent for explaining; why disciplinary proceedings shall not be recommended against him. The additional 3rd respondent shall file his explanation to the show-cause notice before the next posting date.", the Court ordered.

The Court also directed that no coercive steps shall be taken against the petitioners for a period of one month.

The matter was posted to December 12, 2022, for further hearing.

Cause Title- Mohammed Nazer M.P. & Ors v. UT of Lakswadeep & Ors.

Click here to read/download the Order