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News18
6 days ago
- Politics
- News18
Failure To Lower Flag After Sunset 'Lapse, Not Disrespect': Kerala HC Quashes Case Against Official
Last Updated: The flag was hoisted on the morning of August 15, 2015, but remained flying until noon on August 17, 2015. A Kerala civic official's failure to lower the National Flag after sunset did not constitute a criminal offence, the Kerala High Court recently held, quashing a nine-year-old case that had snowballed into a prosecution under national honour laws. Vinu C Kunjappan, who served as Secretary of the Angamaly Municipality in Ernakulam district, was facing trial for allegedly violating the Prevention of Insults to National Honour Act, 1971 and the Flag Code of India, after the Tricolour remained hoisted on municipal premises for nearly two days following the 2015 Independence Day ceremony. The flag was hoisted on the morning of August 15 but remained flying until noon on August 17. A suo motu FIR was registered by the local police, triggering proceedings in the Judicial First Class Magistrate Court at Angamaly. The allegation was that the official's failure to lower the flag in time amounted to disrespect. But Justice Dr Kauser Edappagath of the Kerala High Court, while deciding a plea to quash the case, found no material to suggest any criminal intent. 'Mere lapse or inaction cannot be equated with insult," the court said, adding that no provision in the 1971 Act criminalised such conduct unless it was done wilfully with the intent to insult national honour. Court noted that while the Flag Code requires the National Flag to be lowered at sunset, it is not a statute and cannot attract penal action on its own. The Code, the judge observed, is a set of executive instructions, and violating it is not automatically an offence unless backed by a specific legal provision. Crucially, the court observed that none of the instances listed in the Act's definition of 'disrespect", such as burning, mutilating, or dragging the flag, applied in this case. There was no evidence that the accused intended to offend or undermine national symbols. Kunjappan's petition succeeded on the ground that the allegations, even if accepted entirely, did not establish the basic ingredients of the offence. 'No useful purpose will be served by allowing criminal prosecution to continue," the court remarked, bringing the trial to a close. view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
New Indian Express
27-06-2025
- New Indian Express
Fake documents case: Aluva court issues proclamation notice against Iranian national
KOCHI: The Judicial First Class Magistrate Court in Aluva has issued a proclamation notice against an Iranian national caught attempting to travel to London using fake documents in 2004. 42-year-old Ali Rostamli Esmaeil is a native of Tabriz, Iran. Ali was intercepted at Kochi's Nedumbassery airport on March 12, 2004, while trying to fly to London. He was subsequently arrested following a case registered at the Chengamanad police station, under various sections of the Indian Penal Code, the Passport Act, and the Foreigners Act. However, after being released on bail, Ali absconded and has remained untraceable. The Ernakulam unit of the Crime Branch is currently investigating the case, and a chargesheet has already been filed in court. As Ali failed to appear for a trial, the court has now issued a proclamation under Section 82 of the Criminal Procedure Code, directing him to reappear in connection with the case (CC 754/25). Authorities have urged the public to share any information regarding Ali's whereabouts with the Crime Branch Inspector at 9497987292. Earlier in February, the court had issued similar proclamations against 17 foreign nationals -- hailing from Sri Lanka, Nepal, France, Iran, and Russia. They had also been arrested for attempting to travel abroad using fake documents from Nedumbassery airport.
India Today
23-05-2025
- Entertainment
- India Today
Kerala High Court refuses to quash cheating case against Manjummel Boys producers
In a development that spells legal trouble for the makers of the blockbuster Malayalam film 'Manjummel Boys', the Kerala High Court declined to quash criminal proceedings in a cheating case filed against them. The court, through a single bench headed by Justice VG Arun, also made it clear that the investigation into the matter may petition was filed by actor and producer Soubin Shahir along with fellow producers Babu Shahir and Shawn Antony, who jointly produced Manjummel Boys under the banner of Parava Films. The court dismissed their plea, paving the way for the case to proceed through the criminal justice case was registered by Kochi Maradu police based on a complaint by Siraj Valiyathara Hameed, a resident of Aroor. Siraj alleged that the producers had assured him a 40 per cent profit share in exchange for an investment of Rs 7 crore towards the production of Manjummel Boys. Despite the film becoming a box-office success, he claimed that he had not received the promised share of the profits. In response, the producers contended that Siraj had failed to remit the agreed investment on time, causing disruptions to the film's shooting schedule and resulting in delays. The complaint was taken up by the police following directions from the Judicial First Class Magistrate Court in in 2024, Manjummel Boys has become the second highest-grossing Malayalam film in history. The court's decision means the allegations surrounding its financing and profit distribution will now continue to be scrutinised by investigating IN THIS STORY#Kerala
India Today
22-05-2025
- Entertainment
- India Today
Court refuses to quash cheating case against 'Manjummel Boys' producers
The Kerala High Court on Friday declined to quash criminal proceedings in a cheating case involving the producers of Malayalam blockbuster Manjummel Boys, including popular actor-producer Soubin VG Arun, heading the single-judge bench, dismissed the petition filed by Shahir and co-producers Babu Shahir and Shawn trio, who produced the film under the banner Parava Films, sought to terminate the ongoing criminal case registered by the Kochi Maradu The case stems from a complaint filed by Siraj Valiyathara Hameed, a resident of Aroor, who claimed he was promised a 40 per cent share of the profits in return for a Rs 7 crore investment in the Manjummel Boys becoming a major commercial success, Siraj alleged that he was not paid the promised share of the producers refuted the allegations, asserting that Siraj failed to provide the investment amount on time, which allegedly caused delays and disruptions in the film's shooting schedule. Nevertheless, the complaint was taken forward following directions from the Judicial First Class Magistrate Court in Boys that released in 2024 is the second highest grossing Malayalam film of all time. The film was reportedly produced on a budget of Rs 20 crore, ended up earning Rs 250 crore globally. The film, which is based on a real story, received rave reviews. The survival thriller is an ode to friendship. Soubhin Shahir, Sreenath Bhasi, Balu Varghese, Ganapathi S Poduval, Deepak Parambol and several others played pivotal roles in the Reel
New Indian Express
15-05-2025
- New Indian Express
Forest department invites public ire for KSRTC bus seizure
KOCHI: The people are unhappy with the forest department. Its decision to impound a KSRTC luxury bus for 24 days for causing the death of a deer in Wayanad and the revision of guidelines for sanctioning compensation to dependents of wild animal attack victims have not gone down well with the public. On April 19, the forest department impounded a KSRTC Scania bus plying between Thiruvananthapuram and Bengaluru after it hit a deer at Muthanga in Wayanad. A case was registered under Section 9 of the Wildlife Protection Act and the bus was kept in custody for 24 days, leading to huge loss to the KSRTC. The bus was released on May 13 after the KSRTC executed a bond worth Rs 13 lakh before the Judicial First Class Magistrate Court in Sultan Bathery. 'It (the April 19 incident) was an accident. The deer suddenly crossed the road (and got hit by the bus). However, the forest department registered a case for hunting, entirely ignoring the fact that it was an accident. If this is its approach towards a public sector firm you can imagine what will happen if the accused is a person,' said Paul Mathews, a farmer in Sultan Bathery. A forest official said that the case was registered as per the law and that the department cannot bypass rules. Forest Minister A K Saseendran, too, said the department did not do anything to deliberately cause difficulty to the KSRTC.
