[Kottayam Bar Association Protest] Kerala High Court Issues Notice To 29 Lawyers In Suo Moto Contempt Proceedings Upon Finding Prima Facie Case

The Kerala High Court on Friday issued notice in suo motu criminal contempt proceedings initiated by it against twenty-nine lawyers who protested and allegedly hurled abusive language against a female Chief Judicial Magistrate (CJM), in Kottayam, last week. 

The advocates of the Kottayam Bar Association had abstained from attending court proceedings last week to protest against the initiation of criminal proceedings against Advocate Nawab M.P.

Based on a complaint of the CJM Viveeja Sethumohan, the lawyer had been accused of allegedly forging the identity card of a surety to obtain a bail bond.

Advocate Nawab was accordingly made the second accused for the commission of offences under Sections 465 (punishment for forgery), 466( Forgery of record of Court or of public register), 468 (forgery for purpose of cheating) and 471 (using as genuine a forged document or electronic record) read with 34 (common intention) of IPC.

In response to this, protest marches were held in the Kottayam Court Centre against the CJM, with abusive language being hurled against the female judicial officer.

It is on receiving reports on the same from the CJM and the District Judge that the High Court initiated suo motu contempt proceedings on November 25, 2023.

Today, the Division Bench comprising Justice Anil K. Narendran and Justice G. Girish found that a prima facie case had been made out against the lawyers, as was evidenced from the video clippings of the protests and from the court hall of the CJM which were viewed by the Court. 

"We are of the view that matter brought to notice of court is not a trivial issue which can be viewed lightly. Having considered materials on record in light of statutory provisions and law laid down, we find proma facie case is made under clause (c) of Section 2 of Contempt of Courts Act," the Bench observed. 

It thus directed the respondents to appear in person before it on December 15, 2023. 

"The language used during protest in court verandah … don't consider that she is a lady. She is a judicial officer. The words that were used...can such things be expected from lawyers who are officers of courts? All this was initiated on the basis of proceedings initiated against lawyer. If someone is aggrievd by that, follow the proper procedure...most of the words used during the protest.. it cannot even be reproduced in judicial proceedings. You can have protests in different manner," the Court orally noted. 

The matter has been posted for further consideration on December 15, 2023 at 2P.M.

Case Title: Suo Motu v. Adv. Sojan Pavanios

Case Number: Con. Cas. (Crl.) 6/ 2023