'Magistrates, judges have to face action for dereliction of duty'

Kochi: Magistrates, judges and other presiding officers are not above the law and they have to face consequences for dereliction of duty, the Kerala High Court said on Friday while ordering suspension of a former Chief Judicial Magistrate (CJM) of Lakshadweep for allegedly forging evidence in a criminal trial to convict an accused.

"This should be a lesson to all," Justice P V Kunhikrishnan said while directing the Administrator of Lakshadweep to place the former CJM, presently the Secretary of the District Legal Services Authority in the island archipelago, under suspension during pendency of the disciplinary proceedings against him.

"In the facts and circumstances of this case, this court has to conclude prima facie that the additional 3rd respondent (former CJM) committed forgery by creating the evidence of PW7 (one of the witnesses in the criminal case)... Prima facie, I am of the opinion that the additional 3rd respondent committed serious misconduct and dereliction of duty," the high court said.

"The Administrator, Union Territory of Lakshadweep is directed to place the additional 3rd respondent under suspension forthwith and conduct a detailed enquiry about his actions mentioned in this order forthwith and take appropriate steps in accordance with law, untrammelled by any observation in this judgement," it stated.

The high court issued notice under Section 340 (perjury proceedings) of CrPC to the former CJM K Cheriyakoya and also the then bench clerk P P Muthukoya and LD clerk A C Puthunni for conducting preliminary enquiry.

All three persons were directed to appear before the high court on January 23, 2023.

The high court was of the "considered view" that the bench clerk and LD clerk, who were posted with the former CJM, were colluding with him to justify his acts.

The directions and observations came on a plea moved by the convicted persons alleging that the former CJM, due to a personal enmity with them, forged evidence of the investigating officer and sentenced them to four-and-a-half years in jail for the offences of unlawful assembly, rioting and obstructing, by use of force, a public servant from discharging his duties.

The case was lodged against the petitioners-accused for obstructing plucking of coconuts, with police assistance and under supervision of the Deputy Surveyor, by a contractor from Agatti.