Handle It Tactfully: SC Warns Kerala Politician Nipun Cherian After He Presses For Hearing Of His Appeal Against Conviction In Contempt Case After Completing Sentence

The Supreme Court agreed to hear a Criminal Appeal by Nipun Cherian, a leader of a political party, seeking to purge contempt, after he underwent four months of imprisonment as he refused to apologise for his remarks against judges of the Kerala High Court.

Cherian is the leader of a city-based political party in Ernakulam District of Kerala, called V-4 Kochi. He faced trial for Criminal Contempt of Court for making serious allegations of corruption against Kerala High Court judge Justice N Nagaresh with regard to a judgment passed by him. Cherian had made the allegations in a speech that was uploaded and published in the Facebook page of 'V4 Kochi' in October 2022. 

The Bench of Justice BR Gavai and Justice KV Viswanathan told the Counsel for Cherian that the Court had granted him the opportunity to apologize so many times, however, he did not avail of that.  The Court said that it indicated his attitude that he was above the law.

During the hearing today, the Counsel appearing for Cherian contended that the period of imprisonment is already undergone by him. "I wish to purge the Contempt. It's an appeal," the Counsel submitted. 

To this Justice Gavai said, "Admitted. Returnable in 4 weeks."

The Senior Advocate R. Basant appearing for the Kerala High Court contended, "I thought my Lords would close it. It is ex facie contempt, a Judge is corrupt- is the allegation."

"Let us see," Justice Gavai said. 

The Counsel for the Appellant submitted, "I am taking the opportunity to address your Lordships."

Opposing the issuance of notice, the Senior Counsel argued that the person has written contemptuous articles on the Supreme Court as well. 

The Appellant's Counsel argued, "I would address your Lordships to firstly, look over, only into the contempt of my speech, which I have suffered and undergone imprisonment also. He wishes to argue that the contempt and the context does not become contempt at all."

The Bench asked the Counsel whether in the contempt Cherian had undergone four months of imprisonment. "The Court has granted you the opportunity to apologize so many times, you also did not avail of that. That shows your conduct that I am above law," Justice Gavai said. 

The Counsel contended, "That is something I wish to address your Lordships on."

Justice Viswanathan asked the Counsel to reflect on whatever had been said by the Senior Counsel. "Handle it very tactfully, as you always do," he told the Counsel. 

Thereafter, the Counsel assured the Court that he would address it with absolute responsibility. "But my client wants to argue the matter to purge the Contempt," he submitted. 

The Bench agreed to hear the Appeal after four weeks.  

Pertinently, on February 21, 2023, the High Court had issued a non-bailable warrant against the leader of a political outfit based in the port city of Kochi over his continued "wilful" absence in a contempt case against him, saying judges don't have the time "to pander to such idiosyncratic behaviour of litigants."

Cause Title: Nipun Cherian v. Honourable High Court of Kerala [Crl.A. No. 3145/2023]