The Kerala High Court on Wednesday dismissed the appeal filed by Malayalam Cine Director Lijeesh Mullejhath, challenging the dismissal of his plea by a Single Judge.
Lijeesh had sought to quashed the declaration of the Kerala State Awards for Malayalam Films & Writings on Cinema 2022.
Lijeesh, the Director of the Malayalam movie ‘Aakaashathinu Thaazhe’, contended that the Awards’ announcement was marred by bias and nepotism exercised by Ranjith, the Chairman of the Kerala State Chalachitra Academy.
The Single Judge Bench of Justice P.V. Kunhikrishnan, had termed the plea ‘frivolous’ on August 11, 2023. The Judge observed that the petitioner lacked substantiating evidence to support their allegations of bias and nepotism. The plea was dismissed, with the Judge stating that the petition’s reliance on hearsay evidence provided by the petitioner was insufficient for consideration.
“…the allegation of bias and nepotism attributed against the 3rd respondent who is the Chairman of the Kerala State Chalachitra Academy are too vague and not specific. No supporting evidence is produced by the petitioner. In such circumstances, this Court is of the opinion that this writ petition need not be entertained. This is a writ petition filed based on hearsay evidence without any supporting material,” the single judge order stated.
Today, the Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun, while reviewing the appeal, concurred that it lacked merit. They affirmed that the Single Judge’s decision to dismiss the plea was free from error.
The Court highlighted that the appellant Director’s film had not even been suggested by the preliminary jury, rendering any consideration of it irrelevant.
Additionally, the Court noted that neither the film’s producer nor any member of the main jury had come forward to support the claims made by the appellant-director, nor had any affidavit been submitted in his favor.
“Apart from these aspects, with regard to allegations of the appellant about canvassing, no material has been placed before the Single Judge and therefore, we are of the opinion that the Single Judge has committed no error in rejecting the petition,” the Bench noted.
Consequently, the appeal was dismissed in accordance with the Court’s findings.
The Case
The appellant’s contention revolved around the aftermath of the Awards’ announcement on July 21, 2023. Vinayan, the Director of another Malayalam movie titled ‘Pathonpatham Nottaandu’, alleged that he possessed evidence, including voice recordings of State Awards’ Jury Members. These recordings purportedly indicated that the Chairman, Ranjith, had unlawfully influenced the Award declaration, thereby introducing bias and nepotism. The appellant argued that, had it not been for this alleged partiality, he would have rightfully secured a position of distinction in the State Awards. Consequently, he sought the nullification of the Awards’ declaration.
The appellant contended that the Single Judge had dismissed his plea “without considering facts, circumstances, statutes, and binding precedent.”
Furthermore, the appellant asserted that the Court should have entertained the specific allegations made against Ranjith, the Chairman of the Kerala State Chalachitra Academy, who had not directly refuted the particular claims.
The appellant emphasized that the Single Judge erred in dismissing the interlocutory application meant to include the Chief Secretary, Jury Member Jency Gregory, Vinayan, and Chief Editor of Movie World Media, V.S. Haidar Ali, for the purpose of amending the cause title. The dismissal, the appellant argued, lacked sufficient reasoning.
Moreover, the appellant contended that the Single Judge’s dismissal occurred without affording Vinayan and Ali an opportunity for response, as no notice was issued to them.
Based on these grounds, the appellant sought to overturn the Single Judge’s ruling, in addition to annulling the Awards’ declaration. The plea also sought to suspend all subsequent proceedings related to the Awards’ declaration.
