Kerala High Court
Robert Shibu Fernandez vs State Of Kerala on 3 October, 2024
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 3RD DAY OF OCTOBER 2024/11TH ASWINA, 1946
W.P(C).NO.33083 OF 2024
PETITIONER(S):
1 ROBERT SHIBU FERNANDEZ
AGED 48 YEARS
S/O.BABU FERNANDEZ, H.NO.119/B, BURRENCHERY,
KANNUR, PIN - 670013
2 ATTUKAL SURENDRAN.B
AGED 63 YEARS
S/O.BHARGAVAN, MAKAYIRAM, T.C. 49/799/2, KOLIYAKODE,
POOZHIKUNNU NEMOM, ESTATE P.O., THIRUVANANTHAPURAM,
PIN - 695019
BY ADV.SRI.P.SATHISAN
BY ADV.SRI.SHIBU B.S
BY ADV.SRI.BIJU P.PAUL
BY ADV.SRI.JAVED HAIDER
BY ADV.SRI.SOORYA MARIYA KURIAN
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 SECRETARY
DEPARTMENT OF CULTURAL AFFAIRS,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
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3 UNION OF INDIA
REPRESENTED BY THE CABINET SECRETARY,
CABINET SECRETARIAT, RASHTRAPATHI BHAVAN,
NEW DELHI., PIN - 110004
4 DEPARTMENT OF LAW AND JUSTICE
KERALA REPRESENTED BY SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001
5 STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010
6 KERALA STATE WOMEN'S COMMISSION
NEAR LOURDES CHURCH, P.M.G, PATTOM,
THIRUVANANTHAPURAM-, REP. BY ITS CHAIRPERSON.,
PIN - 695004
BY SRI.C.E.UNNIKRISHNAN, SPECIAL GOVERNMENT PLEADER
BY SRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
BY SMT.PARVATHI MENON A., SC, KWC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dr. A.K. Jayasankaran Nambiar, J.
The petitioners before us are stated to be public spirited
citizens. The 1st petitioner claims to be a social activist and the 2 nd
petitioner claims to be an artist working in the field of cinema for
more than a decade. The writ petition has been filed seeking a
direction to respondents 1 and 2, who are authorities of the State
Government, to settle due guidelines incorporating the manner for
appointment of committees/commissions to inquire into matters of
public importance and the manner in which
committees/commissions to function and the like if the
appointments are effected outside the ambit of the Commissions of
Inquiry Act, 1952. There is a further prayer for a declaration that
Exts.P1 and P2 Government orders that appointed the Justice Hema
Committee and defined its scope and ambit dated 19.06.2017 and
16.11.2017 respectively are arbitrary, discriminatory and biased.
Further prayers in the writ petition seek a direction to the
respondents to constitute Tribunals/Forums for adjudication of
disputes relating to persons in the Malayalam Film Industry, for a
direction to the Government to follow guidelines as and when
approved by this Court for inquiries and to keep on hold further
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proceedings based on the report of the Justice Hema Committee.
2. At the very outset, we find that the writ petition itself is
severely belated, coming as it does more than seven years after the
constitution of the Justice Hema Committee and the defining of its
terms of reference by the State Government. The petitioners have
also not been able to point out to any provision under the
Constitution of India, or laws enacted thereunder which prevents or
limits the powers of the State Executive to appoint a Committee to
identify factors causing the existence of any social evil perceived in
Society. In our view, since it is trite that the powers of the State
Executive under the Constitution are co-extensive with the
legislative powers of the State, the power of the State Executive to
embark upon a fact finding mission is fairly wide so as to cover even
the appointment of a Committee such as the Justice Hema
Committee in the instant case. The reliance by the learned counsel
for the petitioners on the decision of the Supreme Court in State of
Madhya Pradesh v. Shri Arjun Singh and Others - [AIR 1993
SC 1239], which pertains to the appointment of Committees under
the Commissions of Inquiry Act, 1952, does not have any relevance
to the issues projected in the writ petition.
We find the writ petition to be misconceived, belated,
mischievous, and nothing short of an abuse of the process of this
Court. The writ petition is therefore dismissed with costs of
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Rs.10,000/- [Rupees Ten thousand only], which shall be paid by the
petitioners to the Kerala State Legal Services Authority [KeLSA]
within two weeks from today. If the cost amount is not paid within
the aforesaid period of two weeks, it shall be open to the KeLSA to
recover the same by initiating proceedings under the Revenue
Recovery Act.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
C.S. SUDHA
JUDGE
prp/03/10/24
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APPENDIX OF W.P(C).NO.33083/2024
PETITIONERS EXHIBITS:
Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER DATED
19.06.2017 ISSUED BY 2ND RESPONDENT
CONSTITUTING THE COMMITTEE
Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
16.11.2017 ISSUED BY 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE
REPORT OF THE EXPERT COMMITTEE, HEADED BY
ITS CHAIRPERSON JUSTICE K.HEMA AND TWO OTHER
MEMBERS ON 31.12.2019
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
