Kerala High Court Says Chief Judicial Magistrate May Have Forged Evidence In Trial, Orders Lakshadweep Administrator To Suspend Him Pending Enquiry

 

The Kerala High Court on Friday said that former Chief Judicial Magistrate at Amini island in Lakshadweep seems to have forged evidence in a criminal trial and is liable to be proceeded against under law.

Justice P.V. Kunhikrishnan directed Lakshadweep Administrator to place K. Cheriyakoya, who is currently working as Secretary of the District Legal Services Authority, under suspension forthwith and conduct a detailed enquiry into his actions.

"Even if a person is occupying the post of Magistrate or Judge, the law of the land is applicable to all. If there is any dereliction of duty, the constitutional courts should step in to strengthen the trust of the people in the judiciary. The Magistrate, Judges and other presiding officers are not above the law and if they commit any dereliction of duty, they have to face the consequences. This should be a lesson to all," said the court

The court said it is of "prima facie opinion" that the judicial officer forged the evidence of the investigating officer during the trial. It also said that prima facie, the officer committed serious misconduct and dereliction of duty.

"The disciplinary authority of the additional 3rd respondent is the Administrator, Union Territory of Lakshadweep. In the peculiar facts and circumstances of this case, I am of the opinion that the disciplinary authority should place the additional 3rd respondent under suspension pending enquiry. It is true that whether a person is to be placed under suspension pending enquiry is to be decided by the Disciplinary Authority. But in extra ordinary situations, extra ordinary orders are necessary to protect the interest of justice. I am of the opinion that this is a fit case in which this Court has to direct the Administrator Union Territory of Lakshadweep, to place the 3rd respondent under suspension pending enquiry".

The court further issued notice under Section 340 CrPC to Cheriyakoya, Bench Clerk P.P. Muthukoya and Bench Assistant A.C. Puthunni for conducting a preliminary enquiry in to the offences referred in Clause (b) of sub-section (1) of Sec. 195 Cr.P.C.

"The Registry will give a separate number to the Sec.340 Cr.P.C. proceedings in accordance with law and post the case on 23.1.2023 for the appearance of the additional 3rd respondent and other persons mentioned above," ordered the court.