A I JALEEL Vs. STATE OF KERALA

JUDGEMENT

(1.) In this revision taken up suo motu in regard to C. C. No. 229 of 1972 on the file of the District Magistrate, Ernakulam, a question of law as to the interpretation of the Constitution arises.

(2.) The case was started on a complaint filed by Sri A. I. Jaleel, Ex. M. L. A., against the Honourable the Chief Justice of this Court. It was alleged that in the declaration given by the Chief Justice at the time of his appointment as a Judge of this Court he stated that his date of birth was June 5.1915 when, as a matter of fact, it was May 21, 1911, that thereby he attempted to cheat the Government of money and that therefore he was guilty of the offences punishable under S.199 of the Indian Penal Code and S.420 read with S.511 of the IPC. The District Magistrate took cognizance of the offences and ordered summons to be issued to the Chief Justice.

(3.) The question as to whether the Chief Justice has given a false declaration of his age and attempted to cheat the Government can be answered one way or the other only after deciding his correct age. In other words, a decision about his correct age is involved in the decision regarding the alleged guilt. That under Art.217(3) of the Constitution which reads thus: