SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a suo motu proceedings initiated under Article 226 of the Constitution of India, taking note of the immense public importance and public interest, having regard to the needs of the people to have the functioning of judicial institutions, including the High Court of Kerala to be carried in the manner in which it is envisaged under the Constitution of India.

(2.) We pass this order in the presence of Additional Advocate General Shri. Ranjith Thampan. The State of Kerala, represented by the Chief Secretary to Government of Kerala and the State Police Chief shall be the respondents in these proceedings for the time being, it would be open to necessary and appropriate parties to seek impleadment, if it becomes necessary to further carry forward the proceedings initiated hereby.

(3.) The pivotal functioning of judicial institutions includes the enforcement of the regime of fundamental rights and other legal rights, including statutory and non- statutory rights of citizens as well as different stakeholders in the process of governance of this Nation. The dignity doctrine, which is seminal even among the prescriptions in the Preamble to the Constitution, read in conjunction with the equality doctrine and the guaranteed right of equal treatment in the matter of governance of institutions, stands to advise that access to justice is an indefeasible component of collective existence of any society. This can, in no manner, be belittled by any act, individually or collectively, impairing or tending to impair the appropriate functioning of judicial institutions; the Courts.