KanoonHQ™
generalheadlines

Kerala High Court slams ex-DGP Tomin Thachankary for false illness claims in appeal

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Tomin J. Thachankary v. State of Kerala
Bottom Line Up Front (BLUF)

The Kerala High Court criticised former DGP Tomin J. Thachankary for repeatedly claiming illness to delay proceedings in his appeal against conviction. The court observed that such conduct amounted to an abuse of the judicial process, warning against the repetition of false statements.

Ratio Decidendi · Legal Principle Established

Making false claims of illness to delay court proceedings constitutes an abuse of the judicial process and warrants strong disapproval from the court.

Practice & Procedural Impact for Advocates

Advocates should advise clients against making false representations to the court, especially concerning health, as it can lead to judicial censure and adverse orders. Litigants must ensure all statements made to the court are truthful to avoid undermining their case and the court's time.

Key Legal Takeaways

  • 1False claims of illness to delay court proceedings are an abuse of process.
  • 2Courts will take a serious view of repeated untruthful statements.
  • 3Litigants and counsel must maintain candour with the court.

The Legal Issue Former Director General of Police (DGP) Tomin J. Thachankary, who was convicted in a criminal case, repeatedly sought adjournments in his appeal before the Kerala High Court by claiming illness. The court had previously granted him time based on medical certificates, but it appeared these claims were being used to unduly delay the proceedings.

Court's Reasoning The Kerala High Court expressed strong disapproval of Thachankary's conduct, stating that he was 'repeating lies' about his health. The court noted that such actions amounted to an abuse of the judicial process. It highlighted that while genuine medical issues warrant consideration, false or exaggerated claims for the purpose of delaying justice are unacceptable. The court warned Thachankary against continuing this pattern, indicating that it would not tolerate further attempts to mislead the court.

What Follows The Kerala High Court directed Thachankary to refrain from making further false claims regarding his health. The court indicated that it would proceed with the appeal and would not entertain further dilatory tactics based on unsubstantiated medical grounds. The matter is expected to proceed without further undue adjournments.

Read the Bar & Bench report