Supreme Court Quashes Kerala High Court’s Order Suspending Magistrate Over Conviction Without Cross-Examination

Adjudicating Without Complete Records Renders Conviction Invalid. Supreme Court, in K. Cheriya Koya v. Mohammed Nazer M.P. & Ors., set aside the Kerala High Court’s order suspending Sub-Judge-cum-Chief Judicial Magistrate (CJM) K. Cheriya Koya. The case arose from allegations that Koya convicted 11 accused individuals in a 2016 criminal case without allowing them to cross-examine a key witness. The apex court ruled that the High Court’s decision was procedurally flawed, as the conviction was made without reviewing the complete case records.

The Kerala High Court had suspended Koya following petitions filed by 15 convicted individuals who claimed that Koya, while serving as CJM in Lakshadweep, delivered a conviction without examining the investigating officer (PW-7) or providing the accused an opportunity to cross-examine the witness. The High Court had ordered an inquiry under Section 340 of the Code of Criminal Procedure (CrPC) against Koya, resulting in his suspension.

Koya challenged the High Court's order, contending that the decision to convict was made without access to all relevant case files and without granting his counsel a chance to present arguments.

Premature Adjudication by the High Court: The Supreme Court found that the Kerala High Court rendered its judgment on December 23, 2022, without receiving the complete case records, which arrived only after the judgment was pronounced. This procedural flaw invalidated the High Court’s decision.

Violation of Fair Hearing Principles: Koya argued that his counsel was not notified of the early listing of the case, depriving him of the opportunity to present his defense. The Supreme Court accepted this contention, noting that due process was compromised.

Dismissal of Disciplinary Proceedings: The Supreme Court acknowledged that disciplinary proceedings initiated under Section 340 CrPC had been dropped earlier in March 2024, further supporting Koya’s claim of procedural impropriety.

The Supreme Court quashed both the High Court’s original order of December 23, 2022, and its subsequent review order of June 21, 2023, reinstating the case to its original position for fresh adjudication. The Court also ordered the Kerala High Court to expedite the hearing.

This decision highlights the importance of ensuring that all judicial proceedings adhere to procedural fairness, particularly when reviewing actions of judicial officers. The Supreme Court’s ruling underscores the necessity of complete records and due process before rendering judgments that can affect the careers of judicial personnel.

Date of Decision: September 23, 2024

K. Cheriya Koya v. Mohammed Nazer M.P. & Ors.​.