Kerala State to move SC against Stay order in HML case

The state government is likely to move the Supreme Court against the Stay  granted by the High Court on the criminal proceedings initiated against officials of Harrisons Malayalam Ltd (HML) in a case relating to forgery of documents and survey maps. The Supreme Court is being approached, alleging that the stay was granted illegally against the statute of the apex court.

The High Court had recently extended the stay even when the case was reserved for passing judgment. Highly placed officials in the Revenue department said that all these would only lead to a slow down of the government's initiative in retrieving the lands in the illegal possession of the HML and others.

A high level meeting held recently, represented by the Vigilance director, Home secretary, revenue Secretary, law secretary, Special government pleader (revenue) and other officials had concluded that the stay was illegal and there was an urgency to move the SC in this regard. 

The government is of the opinion that the Statutory powers under section 19 (3) (c) has been overlooked while granting the stay. As per this section, no court shall stay the proceedings under this act on any other ground  and the court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings. 

Source

The New Indian express

http://epaper.newindianexpress.com/253850/The-New-Indian-Express-Thiruvananthapuram/07-04-2014#page/4/1