Mohamed Sagheer K.U., v. the State of Kerala
Case brief
What is this about?
This Court examined writ petitions challenging the exclusion of petitioners from the panel of Special Public Prosecutors for Fast Track POCSO Courts. The Court held the selection process violated statutory procedure as the District Judge deleted names without specific grounds and without assessing character and antecedents. The judge ordered the inclusion of petitioners and permission to undergo t
What did the court decide?
Directing the District Collector to include the petitioners in the list of candidates and permit them to undergo the further selection process.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 11TH DAY OF NOVEMBER 2022 / 20TH KARTHIKA, 1944 WP(C) NO. 31269 OF 2022
PETITIONER/S:
MOHAMED SAGHEER K.U., AGED 55 YEARS S/O USMAN, RESIDING AT KALAPARAMBATH HOUSE, CK VALAVU DESAM, P.O., MTHILAKAM, KODUNGALLUR TALUK, THRISSUR-680685. BY ADVS. K.SHAJ C.IJLAL RESHMA.P. ARUN CHAND VINAYAK G MENON BHARAT VIJAY P. MAJID MUHAMMED K. MINU VITTORRIA PAULSON
RESPONDENT/S:
- 1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
- 2 THE SECRETARY, LAW DEPARTMENT (INSPECTION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
- 3 THE DIRECTOR GENERAL OF PROSECUTION, DIRECTORATE OF PROSECUTION, KOMBARA, KOCHI - 682018.
Issues for consideration
3 issues framed by the court
Whether the panel of eligible candidates for Special Public Prosecutors under POCSO Act was prepared in accordance with the procedure prescribed under Section 24(4) of Cr.P.C and Rule 8 of KGLO Rules.
Whether the District Judge could delete names from the forwarded list while returning it, contrary to the distinction between 'list' and 'panel' under the Rules.
Whether the assessment of suitability by the District Judge was based on intelligible data including character and antecedents reports.
Parties & counsel
- petitioner
MOHAMED SAGHEER K.U.
- petitioner
M.JENNY THANKAM
- respondent
THE STATE OF KERALA
- respondent
THE DISTRICT COLLECTOR, THRISSUR
- respondent
THE DISTRICT AND SESSIONS JUDGE, THRISSUR
Case details
As recorded by the court registry
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