YouTube Video Against Judges : Kerala High Court Asks Contemnor To Express Apology Through YouTube

The Kerala High Court on Thursday asked K.M. Shajahan, the then private secretary of the former Chief Minister of Kerala V.S. Achuthanandan, to tender an unconditional apology, expressing regret for having streamed the objectionable video levelling serious allegations against Judges of the Court after admitting that he has committed contempt of court, and to also, stream a video in his YouTube channel expressing his regret for the same. 

The Court refused to accept Shajahan's affidavit, on finding it not to be an 'unconditional apology' in terms of Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules (hereinafter, 'the Rules'). 

Shajahan had levelled serious allegations against the Judges of the High Court in his speech which is available in the YouTube video channel 'Prathipaksham'. The speech pertained to an Advocate taking money from clients under the pretext of bribing judges. The Court had initiated suo motu contempt proceedings in the matter on finding Shajahan's allegation that some Judges of the High Court are also involved in the aforementioned incident to be contemptuous and scandalizing the judiciary.

The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha took note that Shajahan had expressed his willingness to tender an unconditional apology in writing and sought time for the same, which was granted. However, the Court discerned that in the affidavit filed before it, the contemnor did not admit to having committed contempt of Court. 

"The unconditional apology provided for under Rule 14(a) of the Rules is an unconditional apology of the respondent after admitting that he has committed contempt of court. In the affidavit, he does not admit that he has committed contempt of court. Instead, what is stated by him in the affidavit is that this Court has informed him that his conduct would amount to contempt of court and that he has also admitted before this Court that he has exceeded the bench mark limit of fair criticism in his video at two places and attempted to justify his conduct in streaming the video pointing out that the same was intended to expose a patently erroneous judicial order. We are unable to accept this affidavit as an affidavit in accordance with Rule 14(a) of the Rules," the Court observed. 

The Court was however informed by Shajahan that he was prepared to file an unconditional apology expressing regret for the grave imputations made by him against the Judges in any manner required, and further claimed that he was also prepared to stream a video in the very same Youtube channel, withdrawing the imputations made against the Judges and expressing regret for having streamed the objectionable video.

It is in light of such developments that the Court permitted Shajahan to file the unconditional apology, and stream the video in the same Youtube channel expressing his regret for having streamed the previous video. 

The Court has directed Shajahan to be present in court on the next posting date on June 15, 2023. 

"In the meanwhile, the respondent shall file the unconditional apology agreed to be filed. He shall also furnish, before the next posting date, the particulars of the link of the video agreed to be streamed in his YouTube channel together with a copy of the same in an electronic device," it added. 

Case Title: Suo Motu v. K.M. Shajahan 

Click Here To Read/Download The Order