Kerala High Court: Lakshadweep Comes Under Kerala High Court’s Jurisdiction

Kerala High Court: Lakshadweep Comes Under Kerala High Court’s Jurisdiction

The Kerala High Court has ruled that the High Court has the power to initiate disciplinary proceedings against the presiding officers of district and other subordinate courts under its jurisdiction including Lakshadweep.

Justice P.V. Kunhikrishnan’s bench observed that in the light of Article 235 of the Constitution, it is declared that the control over the District Court and the courts subordinate thereto referred to in Article 235 of the Constitution of India includes the power of disciplinary proceedings against the presiding officers of the District Court.

As per the judgment, since the district court and subordinate courts in Lakshadweep are under the supervision of the Kerala High Court, it is hereby declared that the Kerala High Court shall have jurisdiction to initiate disciplinary proceedings against the presiding officers of the district court and its subordinate courts in the Lakshadweep Islands.

What is the issue?

This was pointed out in a review petition filed by former Lakshadweep Sub-Judge/Chief Judicial Magistrate K Cheriyakoya against the High Court’s December 2022 judgement, in which Justice Kunhikrishnan directed the Lakshadweep Administrator to initiate disciplinary proceedings against him.

The direction was issued on a petition filed by several persons alleging that when Cheriakoya was presiding as a magistrate, he manipulated the statement of the investigating officer in a 2015 case in which he were included.

After taking into consideration the facts of the case and the allegations leveled against the former Magistrate, the Court had passed an extraordinary order suspending the Magistrate pending inquiry to ensure that he does not try to influence the witness or interfere in the matter.

The counsel for the Kerala High Court, who was impleaded as additional respondent, submitted that the control over the judicial officers of Lakshadweep has been given to the High Court.

Thereafter, the Court directed to take appropriate action against Cheriakoya and conduct a detailed inquiry in accordance with the law regarding his action as mentioned in the judgment and clarified that till that process is completed, Cheriakoya shall remain under suspension.