Control of district and subordinate courts in State including courts in Lakshadweep lies with High Court: Kerala High Court

The Kerala High Court recently held that High Courts have the power to conduct disciplinary proceedings against presiding officers of district and other subordinate courts under their jurisdiction [K Cheriya Koya v UT Administration of Lakshadweep & Ors.].Justice PV Kunhikrishnan observed that the "control" over district and subordinate courts bestowed on High Courts by virtue of Article 235 of the Constitution of India, extends to conducting disciplinary proceedings against presiding officers as well."In the light of Article 235 of the Constitution of India, it is declared that the control over the district court and courts subordinate thereto mentioned in Article 235 of the Constitution of India includes the power of disciplinary proceedings against the presiding officers of district court and courts subordinate thereto", the Court said in its judgment.In light of the particulars of the case under consideration, the Court stated that the Kerala High Court has the power to initiate disciplinary proceedings against presiding officers of courts in Lakshadweep."Since the district court and subordinate courts in Lakshadweep are under the supervision of the High Court of Kerala, it is declared that the High Court of Kerala has got the power to initiate disciplinary proceedings against the presiding officers of the district court and courts subordinate thereto in the Lakshadweep Islands," the judgment stated. .The present case was a review petition filed by K Cheriyakoya, a former sub-judge/ chief judicial magistrate at Lakshadweep, against a December 2022 judgment of the High Court in which Justice Kunhikrishnan had directed the administrator of Lakshadweep to initiate disciplinary proceedings against him. This direction was issued on a a plea moved by several persons alleging that while Cheriyakoya was presiding as a magistrate, he manipulated the statement of the investigation officer in a 2015 case in which they were involved.After going through the facts of the case and allegations made against the former magistrate, the Court had passed ‘extraordinary’ orders to place the magistrate under suspension pending enquiry so as to ensure that he doesn’t try to influence the witness or intrude into the documents..Judicial officers not above law; must face consequences for dereliction of duty: Kerala High Court .One of the points urged in the review petition was that the Court ought not have directed the administrator to take disciplinary action against Cheriyakoya as the administrator is not empowered in that regard.Counsel for the Kerala High Court, which was impleaded as an additional respondent, said that control over the judicial officers of Lakshadweep was bestowed on the High Court.The administrator, on the other hand, said that the Constitution of Civil Codes in the Laccadive, Minicoy and Amindivi Islands (Civil Codes) Regulations 1965 states that the administrator may, after consultation with the High Court, make rules as to the qualification of officers in the islands and other persons, who may be appointed as subordinate judges and munsiffs..After going through Article 235 and the precedents set by the Supreme Court, Justice Kunhikrishnan opined that control of district and subordinate courts, including the courts situated in Lakshadweep, are with the High Court of Kerala. Further, the judge held that 'control' includes taking disciplinary action against presiding officers as well.Therefore, the Court altered its previous judgment to the extent that its directions to the administrator are now directions to the High Court of Kerala. The High Court was, accordingly, directed to take appropriate action against Cheriyakoya and conduct a detailed enquiry about his action mentioned in the judgment in accordance with law. Until that process is completed, Cheriyakoya will remain suspended, the Court clarified. .[Read Judgment]