Contempt Case: Kerala High Court Lets Off Baiju Kottarakkara With Warning After Unconditional Apology

The Kerala High Court on Monday closed the suo motu criminal contempt proceedings against Malayalam film director Baiju Kottarakkara that had been initiated against him for making abusive remarks during a news channel discussion against a trial court judge, who is hearing the 2017 actor abduction and assault case.

The division bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C. P. disposed of the case after Kottarakkara tendered an unconditional apology. 

"Taking note of the averments in the additional affidavit filed by the respondent before this Court, and having viewed the contents of the compact disc wherein the respondent has tendered an unconditional public apology for his actions, we deem it appropriate to take a lenient view in the matter and close this Contempt of Court Case, by accepting the aforesaid unconditional apology tendered by the respondent contemnor. We also accept and record his undertaking that he will exercise due care and caution in future, while making comments in relation to the judiciary on public platforms, keeping in mind that incorrect and irresponsible statements made in public have the propensity to undermine public", the Court observed. 

The film director earlier filed an affidavit before the Court stating that he would not make any such derogatory remarks through the media. He also tendered an unconditional apology.

The Court recorded the same, and warned him against committing similar actions in the future.

Kottakkara had appeared in a discussion conducted by 24News channel on May 09 and made disparaging comments against the Principal District and Sessions Judge Honey M. Varghese, before whom the case relating to the sexual assault and abduction of a female actor in the outskirts of Kochi is pending.

Kottarakara had termed the Judge a liar, and questioned why she had not recused herself from hearing the case, despite numerous allegations levelled against her by the survivor, many advocates, and even a retired judge.

The high court, upon initiating the contempt proceedings against the film director, had observed that his remarks tended to "scandalize and lower the authority of the Court, thereby committing criminal contempt of Court as defined under Section 2(c) of the Contempt of Courts Act, 1971". 

"This Respondent currently acknowledges the fact that the statements made in the above said Debate was uncalled for at any point of time , attracting unwanted attention to the functioning of the Court and the allied procedures. This Respondent is tendering unconditional apology for the menace caused by the statement made in the above said Debate," Kottarakkara said in the affidavit.

Advocates B. Mohanlal, Abijith M., Karthik J. Sekhar, and Aswin V. Nair appeared on behalf of the contemnor in the instant case. 

Case Title: Suo Motu v. Baiju Kottarakkara

Citation: 2022 LiveLaw (Ker) 605

Click Here To Read/Download The Judgment