Kerala High Court suspended a former Chief Judicial Magistrate of Lakshadweep Mr. K Cheriyakoya on Friday for allegedly forging evidence in a criminal trial to convict an accused by saying that MAgistrates, judges, and other presiding officers are not above the law and they have to face consequences for dereliction of duty.

Justice PV Kunhikrishnan said "This should be a lesson to all" and directed the Administrator of the UT of Lakshadweep to place the former CJM, presently the Secretary of the District Legal Services Authority in the island archipelago, under suspension during pendency of the disciplinary proceedings against him.

The Court said "In the facts and circumstances of this case, this court has to conclude prima facie that the additional 3rd respondent (former CJM) committed forgery by creating the evidence of PW7 (one of the witnesses in the criminal case)... Prima facie, I am of the opinion that the additional 3rd respondent committed serious misconduct and dereliction of duty."

The Court further stated that "The Administrator, Union Territory of Lakshadweep is directed to place the additional 3rd respondent under suspension forthwith and conduct a detailed enquiry about his actions mentioned in this order forthwith and take appropriate steps in accordance with law, untrammelled by any observation in this judgement."

The High Court also issued notice under Section 340 (perjury proceedings) of the Criminal Procedure Code to him and also clerk P P Muthukoya and LD clerk A C Puthunni for conducting a preliminary enquiry. All three persons were directed to appear before the Kerala High Court on January 23, 2023.

Convicted persons filed a plea for seeking directions, alleging due to a personal enmity with them former CJM, forged evidence of the investigating officer and sentenced them to four-and-a-half years in jail for the offences of unlawful assembly, rioting and obstructing, by use of force, a public servant from discharging his duties.

The High Court made observations that "The Magistrate, Judges and other presiding officers are not above the law and if they commit any dereliction of duty, they have to face the consequences. The pen of a judicial officer is powerful, but it should be used with great caution, of course without fear and favour."