Advocate General Issues Notice On Contempt Plea Against Kerala Businessman For Remarks On Sitting Judge

The Advocate General of Kerala C P Sudhakara Prasad has issued preliminary notice of hearing in the petitions seeking sanction under Section 15(2) of the Contempt of Courts Act to initiate criminal contempt against Kerala businessman Kochouseph Chittilappilly.  

The AG has fixed March 11 as the date of preliminary hearing of the petitions. 

The petitions filed by Advocates S Aswakumar and B H Manzoor allege that Chittilappilly wrote a letter to the Chief Justice of High Court against Justice Devan Ramchandran, who is hearing a petition seeking compensation against the amusement park Wonderla Kochi(formerly Veegaland), of which Chittilappilly is the founder-director. 

The petitioners alleged that the letter was leaked to print and electronic media to "intentionally ridicule the judge" and to "compel the said judge to avoid hearing of the said case".

The case pertains to compensation claim by Vijeesh Vijayan, who was paralysed after an accident which took place while taking an adventure ride at Veegaland. Chittilappilly alleged in his letter to the CJ that the judge made personal remarks against him while hearing the case.

The sanction petition states that the judge had not made any disparaging remarks against Chittilappilly, and that his attempt is only to get the judge recuse from hearing the case, to avoid an adverse order.

"Since no observations has been made against the respondent on record as alleged by him and there is no proof of evidence to substantiate the allegations contained in Annexure A1 and A2, the respondent had issued the said letters intentionally to ridicule a sitting judge of the Hon'ble High Court of Kerala.

Sending a letter alleging observations made by a judge is contumacious and contemptuous, punsihable under Section 15(2) of the Contempt of Courts Act", one of the petitions said.