OPINION: When AMMA carefully shields its ‘children’

With the latest developments in the abduction case involving a prominent actress making the rounds, the press conference of the Association of Malayalam Movie Actors (AMMA) on Thursday in Kochi showcased high voltage drama with most pathetic scenes and the lowest depth into which a whole fraternity can stoop down. Some of the key members of AMMA were visibly annoyed by the questions raised by reporters. How much more male chauvinistic can an industry become?

Addressing an eagerly-awaiting audience of media, AMMA’s president Innocent MP and other office-bearers (including two MLAs) explained the decisions taken at the Annual General Body Meeting. After the explanations, the floor was open to questions and that was when the atmosphere became tensed. Questions regarding the abduction and alleged sexual assault against the actress; one of AMMA’s ‘daughters’ (as the outfit wants to address her) came up and Innocent made the cliché reply that the case is under court jurisdiction and the police have handled it well.

Actors Dileep and Nadirsha who were questioned the other day by the police for 13 hours about their connection with the case also were present for the general body meeting as well as press meet. At one time Dileep apologised for the dreadful remarks he had made against the actress.

Law, Movies, Opinion

By Amala Shafeek

June 24, 2017

Kerala High Court terms order of the human rights body as grossest violation of principles of natural justice

A Division Bench of the Kerala High Court comprising of the Chief Justice Navaniti Prasad Singh and Justice Raja Vijayaraghavan came down heavily against a verdict passed by the State Human Rights Commission based on newspaper reports alone and without even a complaint from the persons concerned.

Three government doctors had filed a writ petition challenging the Human Rights Commission’s suo-motu proceedings where these doctors were found guilty of medical negligence. The Commission’s order also imposed an exemplary fine of Rs 50,000 to be paid by the government to the patient and to be recovered from the petitioners.

The Court opined that after careful examination of the facts noted by the Commission, it disagrees there was any medical negligence. After the patient had undergone complete Hysterectomy operation, it was found at the time of closure of the surgical wound that a part of the surgical towel clip was missing. Though a frantic search was made, it could not be located inside or outside the body. The incision was closed to facilitate an X-ray to detect the clip. The patient was then moved to the Medical College Hospital and the clip was removed. The Court confirms that all these actions show there was no medical negligence and all due care was taken. The patient’s wards were properly informed and the records duly maintained.

Health, Law, Politics

By Amala Shafeek

May 30, 2017

If this is not liable for Contempt of Court then what is?

A man stood on top of a government vehicle and challenged the entire judicial System and the judge, after that he just walked away as if nothing ever happened. This incident happened after the members of Muslim Ekopana Samithi decided to stage a protest march against the High Court verdict that annulled the marriage between a Hindu turned Muslim woman and a Muslim man, after the habeas corpus petition filed by the woman’s father.

Such an act irrespective of who that person is, should be liable for contempt against the Court. Following this showdown, Samithi has declared a dawn to dusk harthal across Ernakulam district against the alleged ‘Police brutality’ on 29^th May. According to the spokesperson of Muslim Ekopana Samithi, there was an unprovoked lathicharge.

Police had set up barricades near St. Albert’s College, but once Muslim Ekopana Samithi activist broke the barricades Police were forced to resort to water cannons, lathichage and even tear gas shells to disperse the crowd. What happened after all this violence is amusing; a man out of this group of activist used the water cannon truck as the stage to speak to the hundreds of people that was gathered there, as Police just stood there and watched.

Law, Religion

By Bibin Raj

May 9, 2017

Judicial Commission probing Puttingal fireworks mishap seeks Public Opinion

Justice P. S. Gopinathan, former Judge of the High Court of Kerala, was appointed in February as the Commission of Inquiry for probing the fireworks mishap at Puttingal Devi Temple near Paravoor in Kollam. The Commission has now invited public as well as people connected with or victims of the fireworks mishap to submit affidavits, statements or suggestions to the Commission on the tragedy or matters connected to it.

Justice Krishnan Nair was initially appointed as the Judicial Commission of Inquiry by the previous UDF government soon after the fireworks mishap. However he tendered his resignation as the Commission was not provided sufficient funds and infrastructure to commence its work.

The terms of reference of the Commission of Inquiry are as follows:

Law, People, Politics

By The Kochi Post Staff

May 5, 2017

Government adopts delay tactic, informs Supreme Court TP Senkumar was never State Police Chief

The Supreme Court of India recently directed the State to reinstate Director General of Police (DGP), Dr. T.P. Senkumar as the State Police Chief. It seems the State Government is in no mood to reinstate the officer. The Kerala Government has informed the Supreme Court that Mr. Senkumar was never appointed as the State Police Chief.

The State Government’s counsel informed the Apex Court that the ‘State Police Chief’ is a distinct and separate post under Section 18 of the Kerala Police Act and Mr. Senkumar was appointed to the post of ‘Director General of Police and Head of Police Force’ and not to the post of ‘Director General of Police and State Police Chief,’ which is a separate and distinct post.

Chances are rare that the Supreme Court would buy this argument. This may probably be seen as a delay tactic in reinstating Dr. Senkumar who is due to retire in June 2017. It should also be noted that the Supreme Court closes for summer vacation on May 9, 2017 and will reopen only on July 3, 2017.

Law, People, Politics

By The Kochi Post Staff

April 28, 2017

Summer Classes in Schools to be Banned

This year, school students in Kerala will enjoy a complete summer break as the Kerala State Commission for Protection of Child Rights has directed the Principal Secretary for General Education to issue an order banning vacation classes by all schools including the higher secondary, vocational higher secondary schools, and those affiliated to the ICSE and the CBSE.

The order comes on the basis of complaints received by the commission and media reports. The commission got to know that drinking water wasn’t being made available despite the directive by the commission on February 25^th.

According to the sources, the Child Rights Commission had made it clear to the Secretary on various guidelines to be followed while conducting vacation classes. And these included availability of drinking water and toilet facilities. According to Dr. Leju P Thomas, teacher at St. Mary’s Higher Secondary School, Trivandrum, “This is a welcome change because summer classes at times are a strain on children.”

Education, Law

By The Kochi Post Staff

April 25, 2017

Parking Violation turns into a Messy Affair

Deepu Divakar clearly didn’t expect a parking violation ticket when he went to see off a relative at the Trivandrum railway station last Wednesday morning. So, he was surprised when he was slapped with one when there was no ‘No Parking’ board on sight. Also, he found that the CRPF bus hadn’t got an offensive parking sticker on it.

Deepu who parked at Power House road near the back entrance of the railway station questioned the police official on the rationality of the ticket. Deepu asked the sub-inspector, who was standing beside, what offence he had committed. When the sub-inspector said it was a no-parking area, Deepu pointed out that a no-parking board was not displayed there to which the inspector said that there’s no ‘Parking’ board on the street either. When he asked as to what action was being taken against the CRPF bus parked just behind his car, the policeman simply argued that the matter will be taken up with CRPF authorities and pasted an ‘offensive parking’ sticker on the bus.

“I had parked my vehicle from 9.20 to 9.45 am. And when I asked what offence I had committed, he said he was doing his duty as instructed by his superiors and he had been told to get any vehicles parked there removed. As crowd gathered and I refused to move my vehicle, they bought in a crane to tow away my car. The car was taken to a junction, while I was being penalised for obstructive parking. They also charged me INR 600 as towing charges whereas the towing damaged the bonnet of my car, ruined the condenser and the chassis, says Deepu.”

Law, People

By Sumitra Nair

April 11, 2017

Nathancode Murder act of Ingenuity or Insanity?

In a horrific murder of sorts, a family of four- a retired college professor, his wife, daughter and a relative were found dead at their home in Trivandrum, Kerala on Sunday. The incident took place near Cliff House, the official residence of Kerala’s CM.

While three bodies were found in charred condition, the fourth one was found mutilated. The deceased were, Professor Raj Thankam, his wife Jean Padma — a retired medical superintendent of the General hospital here, their daughter Carol — a medical student, and aunt Lalitha.

The couple’s son, Cadell, 30, is the main suspect in the case. Cadell who works in Australia and Carol, a medical student in China had come down for their holidays. The neighbours had alerted the police on seeing thick smoke coming from their residence on Saturday. The bodies were discovered when the firefighters came in and doused the fire. It looked like the crime had been committed three to four days back as the bodies had already started to decompose.

Law, People

By Sumitra Nair

April 4, 2017

Chaos Sets in Kerala as Liquor Shops Near Highways Shut Down

Two years ago in 2015, when the Kerala State Government decided to shut down close to 730 bars, there was an uproar from bar owners and workers saying their livelihood will be affected. Now when the State is on the brink of a total alcohol ban due to shops near highways being shut, the State is raising a hue and cry stating that its coffers will be affected. Either way, people who are addicted to alcohol will not only be facing a problem but might go to any lengths to satisfy their addiction. Also, numerous shop owners might lose their only source of income.

This decision by the Supreme Court is being met by heavy criticism. The Supreme Court is however justifying the act by stating various statistics related to accidents on the highway due to alcohol abuse. In 2014 alone, 7307 accident cases involving driving under the influence of drugs/alcohol resulting in 7398 injuries and 2591 deaths, were registered.

The National Road Safety Council (NRSC), an apex body for road safety, had recommended in 2004 itself that licences for liquor shops along highways should be retracted. The Ministry of Road Transport and Highways [MoRTH] has been consistently advising State Governments to retract licenses of liquor shops near the highways.

Law, Politics

By Sumitra Nair

December 30, 2016

OPINION: Kerala HC in ‘Ka Bodyscapes’ Case is Promoting Censorship rather than Artistic Freedom

By Manu Sebastian

The film ‘Ka Bodyscapes’ by acclaimed director Jayan C. Cherian had run into several controversies due to its theme of homosexuality and contrarian views about prevalent norms and mores. The Central Board of Film Certification (CBFC) had refusal to grant certificate to the film for public exhibition. The reason stated in the refusal order was that the film is “ridiculing, insulting and humiliating Hindu religion, in particular portraying Hindu Gods in poor light”.The film revolves around the homosexual relationship between two men, one who is an artist and another a staunch devotee of Hanuman. Towards the end of the film, the artist makes a painting, depicting his male partner as flying like Hanuman holding Maruthwamala in hand; however holding a mountain of books instead, including the Indian Penal Code with its controversial Section 377 (criminalising “unnatural” sexual offences) written in bold over the book-spine. This imaginative painting, which symbolizes the ‘coming out’ moment of the homosexual protagonist, irked the sensibilities of the CBFC. Apart from that, there were scenes dealing with female masturbation, menstruation, etc., which the CBFC found objectionable. Therefore, certificate was altogether refused to the film.

However, the Hon’ble High Court of Kerala came to the rescue of the film maker. The Court set aside the refusal order of CBFC terming it as arbitrary, unreasonable, and vague. The Court held that the Board ought to have made an effort to certify the film in the appropriate classification by giving an opportunity to the film-maker to modify or delete the scenes which are found to be objectionable. The learned Single Judge who allowed the petition filed by the film-maker observed that mere reference to homosexuality or sexual acts would not make a film obscene. The Board filed appeal before the Division Bench. However, the Division Bench upheld the judgment of the single judge.

Law, Movies, Opinion

By The Kochi Post Staff

December 26, 2016

How I Became A Convert – Adv. Renjith Marar Shares His Experience Of Commuting Jayanandan’s Death Sentence To Life Imprisonment

Many say purpose of life is determined by destiny. Others believe that the destiny is crafted by actions. For a lawyer, both the statements remain true. In my case, this happened when destiny wanted me to argue Jayanandan’s (notoriously known as Ripper Jayanandan) death sentence reference before the High Court of Kerala.

Jayanandan was convicted in a murder case where he was alleged to have caused the death of a 65 year old lady and attempted the murder of her 71 year old husband for robbery for which he was sentenced to death by the trial court. He was also convicted in several other cases and sentenced to death and life imprisonment in two cases, which later ended up in acquittal. He was also acquitted by the Supreme Court in one case. He has attempted jail-break successfully from all the three central prisons of the State and convicted in those allegations as well. He was kept in solitary confinement and was facing the gallows. Allegations against him of being a serial killer had gained him the prefix, ‘Ripper’.

Death sentence references are opportunities for lawyers to give back to the society in the quest for saving a life. All criminal lawyers’ ‘act of God’ moment comes when they argue a death sentence reference to save the life of the notorious, unwanted element of the society – the criminal. Almost all death sentence cases have a similar trajectory – the entire society, being shocked by the horrendous crime, develops a dangerous antipathy against the criminal; the investigating agency, being influenced by the public opinion generated by the media, gets prejudiced for whatever reason and tends to create false evidence against the accused; the witnesses would be influenced by the media and believes such stories even eclipsing their true experiences thus hijacking the truth. Since there is no jury trial in India, the judge may also get influenced by public opinion and moves on with prejudiced trial. The most unfortunate aspect of trials that ends up in death sentences in India is that the accused is made aware that the prosecution would be demanding death sentence only at the fag end of the trial thus denying an opportunity of bringing in mitigating circumstances before the court.

Law, Opinion, People, Uncategorized

By Renjith Marar

December 2, 2016

Uber/Ola Has Every Right to Pick Commuter Reads Kerala HC Order

A video showing the indecent behaviour of autorickshaw drivers at Ernakulam South Railway Station towards an Uber taxi driver whose cab was booked by Vidya Gopalakrishnan has gone viral and has raised many questions about the permissibility of online taxi services like Uber and OLA in railway stations, airports, etc.

Vidya had shot the video that clearly shows the autorickshaw drivers threatening the Uber driver saying that he is not allowed to pick commuters from the railway station and that he will have to face the consequences of the same. Vidya was also blocked by these autorickshaw drivers, who were also forcing her to take either a pre-paid autorickshaw or taxi from the railway station.

Daily, Law

By Vidya Nair