'Public Confidence And Black Robes' Is All What A Judge Has, Nothing Else Sustains Us: Kerala High Court To Baiju Kottarakkara In Contempt Case

The Kerala High Court Tuesday said the counter affidavit filed by Malayalam Film Director Baiju Kottarakkara in the suo motu contempt proceedings initiated against him for making "abusive remarks" against a trial court judge neither specifically affirmed that he made those comments, nor refuted the same.

Granting a further period of three weeks to him to make his stance clear, the court sought a fresh affidavit on the charges against him. Kottarakkara had made the comments against a judge, who is presiding over the trial of 2017 actor abduction and assault case.

The high court also observed that if the filmmaker was going to tender an apology for his remarks, the same ought to be a public apology. In that case, he then should also give an undertaking in the affidavit that such act would never be repeated, said the court.

The Division Bench comprising Justice A.K. Jayasankaran Namiar and Justice Mohammed Nias C. P. said:

"Do you know what you're doing to this judicial institution and public faith? ... There's nothing that you can say about the judiciary which is good. For that matter any democratic institution ... You must ignite the people's faith in these democratic institutions if we are to survive here", the Court said.

It added, "Public confidence and black robes, this is all that a judge has. There's nothing else that sustains us here".

The court said that it wanted to know exactly what had been said by the filmmaker, and the same had to be made clear on record.

None of the statements that had been made by the filmmaker during the news channel discussion, on the basis of which the suo motu action was initiated, could be found in the reply, said the court.

"You are entitled to deny the statements, but then we will proceed with the case. If you're not admitting to the statements made, we can proceed... Either you can admit that you did say these and tender apology, or you can deny and we can go ahead with the trial", the court said.

Advocate B. Mohanlal, representing the contemnor, requested three weeks time to file an additional affidavit and also place the CD of the discussion before the Court.

While acceding to the request, the court cautioned the counsel against playing hide and seek with it.

"If you have any sense of remorse, any apology must be a public apology, in your next channel discussion... whatever you may be discussing. It must be a public one. The people should know...and it has to be the responsibility of every citizen of the country", the Court further orally added.

The court clarified it was not against discussions on news channels. However, it cautioned that adverse remarks such as the ones impugned herein ought to be treated with circumspection, and not to be aired, lest it shake public confidence in the institution.

The trial of the 2017 case relating to the sexual assault and abduction of a female actor in the outskirts of Kochi is pending before the Sessions Court, Emakulam. Kottarakkara had appeared in a discussion conducted by 24 News channel on May 9, and made "disparaging comments" against the Principal District and Sessions Judge Honey M. Varghese, before whom the case is pending.

In the Draft Charges sent through Registrar General to the 56-year-old director, the High Court said his remarks "intended to characterize the judge who conducts the trial and scandalize the judiciary as well." Alleging that the film director had questioned the judge's character and ability during the news channel interview, the court observed that the same has caused prejudice to the trial proceedings and also affects the independence of the judiciary.

The matter has now been posted for November 15.

Case Title: Suo Motu v. Baiju Kottarakkara