5 days ago
Kerala HC orders interim stay on proceedings against CM in Ernakulam CJM court
The Kerala High Court has ordered an interim stay for three months on further proceedings before the Chief Judicial Magistrate (CJM) Court, Ernakulam, in a petition filed by Ernakulam District Congress Committee (DCC) president Mohammed Shiyas, who sought action against Chief Minister Pinarayi Vijayan. In the petition, Mr. Shiyas sought action against Mr. Vijayan for making a speech 'abetting violence' while referring to agitating Youth Congress activists reportedly coming under attack, mainly from alleged Democratic Youth Federation of India (DYFI) activists during the Nava Kerala Yatra led by Mr. Vijayan in November 2023.
In his petition, Mr. Vijayan had sought a stay on all further proceedings before the CJM Court, pending disposal of the case. In its order issued on Thursday, a Single Bench of Justice V.G. Arun said that there appeared to be prima facie substance in the contention of the counsel of Mr. Vijayan that the CJM exceeded his jurisdiction by entertaining the complaint, since the alleged incident (of violence against the protesters) took place outside the territorial limits of the court.
The contention that the contents of the speech does not attract the offence under Section 109 (that states the punishment for abetment) of the Indian Penal Code is also liable to be considered. Hence, the interim stay on further proceedings for three months in the petition that is pending before the CJM Court, the court added. The case has been posted for hearing on October 14.
