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2026 Supreme(Online)(Ker) 28528
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
M.M.MANJU DAS – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 32988 OF 2019
For the Appellants/Petitioners: SRI.T.B.HOOD, SMT.M.ISHA
For the Respondents: SRI.M.MUHAMMED SHAFI, SRI.SEBASTIAN JOSEPH KURISMOOTTILL, GOVERNMENT PLEADER
Minority Commission lacks jurisdiction under Section 9(c) to direct police enquiry after departmental exoneration.
Headnote:The petitioner challenged an order under Section 9(c) of the Kerala State Commission for Minorities Act, 2014, directing a police enquiry based on a complaint alleging misconduct. The Division Bench held the Commission lacked jurisdiction to entertain the complaint or issue such directions, noting prior exoneration in departmental proceedings. The Single Judge's interim order was thus irrelevant. The court framed the issue as whether the Minority Commission had authority under the Act to direct enquiries against police personnel. The ratio decidendi affirmed the Division Bench's finding of no jurisdiction, as the Commission's powers do not extend to such complaints post-departmental exoneration. Ext.P3 set aside; writ petition allowed.
| Table of Content |
|---|
| 1. petition challenges minority commission's enquiry direction. (Para 1) |
| 2. division bench rules no jurisdiction under section 9(c). (Para 2) |
| 3. ext.p3 set aside for lack of authority. (Para 3) |
J U D G M E N T
Dated this the 8th day of April, 2026 The writ petition is filed aggrieved by Ext.P3 order passed by the Kerala State Minority Commission, whereby the Commission directed the Director General of Police to depute an officer in the rank of Superintendent of Police, working outside Alappuzha District, to conduct an enquiry against the petitioner in respect of a complaint filed by the 5th respondent.
2. While considering this writ petition, this Court, by order dated 04.04.2025, directed the 2nd respondent to comply with the direction of the Commission in Ext.P3 and to file a report before this Court within four months from the date of receipt of a copy of the order. Aggrieved by the same, the petitioner preferred Writ Appeal No. 984 of 2025. The Division Bench of this Court allowed the writ appeal, finding that no case was made out to invoke the power under Section 9(c) of the Kerala State Commission for Minorities Act, 2014. It was also held that the Minority Commission has no power or authority to entertain a complaint like Ext.P1. Moreover, the appellant has been exonerated in the departmental enquiry. In such circumstances, the interim order dated 04.04.2025 has no relevance.
3. In view of the finding of the Division Bench that the Minority Commission has no jurisdiction to issue such a direction as contained in Ext.P3, the same is liable to be set aside.
Accordingly, Ext.P3 is set aside and the writ petition is allowed.
