Hary Helen Shriyani Dabarera vs Hon.Attorney General – CA PHC 88/2010-2012

In the case of Hary Helen Shriyani Dabarera v. The Hon. Attorney General and the Officer in-charge, Police Station, Kochchikade, the court addressed the legality and evidentiary basis of an order by the Magistrate, subsequently affirmed by the High Court Judge, directing the removal of soil for an alleged obstruction of a water course. It was determined that the Magistrate’s order was issued in excess of jurisdiction without the support of sufficient or credible evidence, particularly lacking expert testimony regarding the existence, dimensions, and obstruction of the water course or causation by the appellant. The orders of the Magistrate and High Court Judge were thereby set aside, and the matter was remitted for re-inquiry. The decision reiterates the principle that judicial orders affe