Kottayam Bar Association Protest: Kerala High Court Orders 28 Lawyers To Offer Legal Aid Services For 6 Months
The Kerala High Court has ordered 28 lawyers of the Kottayam Bar Association to offer legal aid services for a period of 6 months, on accepting their unconditional apology for purging the contempt charges against them.
The Court had initiated suo moto contempt proceedings against these lawyers for protesting and allegedly hurling abusive language against a female Chief Judicial Magistrate (CJM), in Kottayam.
The Division Bench comprising Justice P. B. Suresh Kumar and Justice C. Pratheep Kumar noted that lawyers should not be allowed to get away by merely tendering an apology and ordered them to order legal aid services.
“..We deem it appropriate to accept the unconditional apologies tendered by respondents 2 to 29 and purge the contempt committed by them based 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 a period of six months from today.”
Following the preliminary hearing, the Court observed that a prima facie case of criminal contempt was made out against the lawyers for using abusive slogans, derogatory remarks at the CJM both inside and outside the courtroom, and for disrupting ongoing court proceedings. Therefore, the Court issued notice against the lawyers and they tendered their unconditional apologies as per Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules.
The Court noted that the contempt proceedings against the lawyers cannot be closed merely based on their unconditional apologies. It said, “The incident, therefore, is one which interfered with the administration of justice and tended to lower the authority of the court. In the circumstances, this court may not be justified in discharging the respondents, solely based on the unconditional apologies tendered by them.”
The Court thus deemed it appropriate to order the lawyers to offer legal aid services to poor and needy people through the Kottayam District Legal Services Authority.
The Court further directed the District Legal Services Authority to keep a record of the matters assigned to the lawyers and to submit a compliance report before the Court.
Citation: 2024 LiveLaw (Ker) 477
Case Title: Suo Motu v. Adv. Sojan Pavanios
Case Number: Con. Cas. (Crl.) 6/ 2023