Kerala HC Directs Advocates To Render Free Legal Aid In Contempt Proceedings For Abusing Judicial Magistrate
The Kerala High Court has directed 28 Advocates of the Kottayam Bar Association to render free legal aid for six months after the Court initiated contempt proceedings against them for abusing a Judicial Magistrate.
The Division Bench of Justice P.B. Suresh Kumar and Justice C. Pratheep Kumar observed, “In the circumstances, this court may not be justified in discharging the respondents, solely based on the unconditional apologies tendered by them. Rule 14(a) of the Rules confers power on this court to pass such orders as it deems fit, if the respondent tenders an unconditional apology, after admitting that he/she has committed contempt. When the learned counsel for respondents 2 to 29 were put to notice by this court as to whether they are willing to render free legal aid to the poor and needy for purging the contempt committed by them, all of them unanimously agreed that they have no objection in doing so, provided the same will not affect their right to practice, in any manner.”
Senior Advocates P. Viswanathan, T. Krishnanunni, P. Vijayabhanu, T. Sethumadhavan, Joseph Kodianthara andAdvocate General K. Gopalakrishna Kurup appeared for the Respondents.
A contempt case was initiated suo moto by the Court invoking Section 15 of the Contempt of Courts Act, 1971, and Article 215 of the Constitution of India, by treating the information in the report of the Chief Judicial Magistrate, Kottayam, as an ‘information’ under Rule 7 of the Contempt of Courts (High Court of Kerala) Rules (‘Rules’) against Respondents-Advocates.
The Magistrate in the proceedings had recorded that a group of marching advocates entered the courtroom and shouted slogans against him and the President of the Kottayam Bar Association and the Secretary were present among them. He said they were marching on the veranda of the court shouting slogans using abusive words.
The Respondents submitted that they have tendered unconditional apologies and prayed for orders to discharge them from the proceedings.
The Court said, “We have perused the apologies submitted by respondents 2 to 29, and we are satisfied that the apologies submitted by the respondents conform to Rule 14(a) of the Rules. But, having regard to the fact that use of improper language towards Judges is frequent, this court is of the view that the respondents ought not be allowed to get away by merely offering sorry by way of an apology as the easiest way. As noted, the respondents have gone to the extent of shouting slogans and hurling abusive as also derogatory remarks at the Chief Judicial Magistrate inside and outside the court hall, apart from interrupting the ongoing court proceedings. The incident, therefore, is one which interfered with the administration of justice and tended to lower the authority of the court.”
Accordingly, the Court accepted the unconditional apologies and purged the contempt committed by them on the undertaking that they shall offer their services to the District Legal Services Authority, Kottayam for free legal aid to the poor and needy, for six months.
Cause Title: In re: Advocate Sojan Pavanios and Ors.
Appearances:
Respondent: Senior Advocates P. Viswanathan, T. Krishnanunni, P. Vijayabhanu, T. Sethumadhavan, Joseph Kodianthara, Advocate General K. Gopalakrishna Kurup, Advocates Sojan Pavanios, Balram S.A, Ananthakrishnan A. Kartha, Karol Mathews Sebastian Alencherry, Sruthy K.K, Enoch David Simon Joel, S.Sreedev, Rony Jose, Leo Lukose, Derick Mathai Saji, Karan Scaria Abraham, M.Revikrishnan, Ajeesh K.Sasi, Sruthy N. Bhat, Rahul Sunil And Others.
