Kerala High Court Directs Registry To Preserve Audio-Video Recording Of Proceedings Leading To Contempt Case Against Lawyer

The Kerala High Court on Tuesday ordered the preservation of the audio-video recordings of the proceedings which took place in the court of Justice Mary Joseph on February 9, when a lawyer had indulged in alleged misbehaviour resulting in the initiation of suo motu contempt proceedings against him.

The order was passed on a writ petition filed by Advocate Yeshwanth Shenoy, who is facing the contempt proceedings for his alleged contumacious conduct before Justice Mary Joseph. Shenoy later filed a writ petition challenging the show-cause notice issued by the Bar Council of Kerala over the alleged incident before Justice Mary Joseph.

Considering his writ petition, a bench of Justice Shaji P Chaly directed the preservation of the audio-video recordings, taking note of the fact that the petitioner has filed a letter before the Registrar General seeking a copy of the records.

Shenoy, appearing as party-in-person, argued that the show cause notice had been issued by the Bar Council in violation of its own rules. He further submitted that he had not been served with a copy of the letter of the concerned judge, based on which the Bar Council initiated proceedings against him. 

However, the counsel appearing for the Bar Council of Kerala Adv Sivaraman, submitted before the court that a copy of the letter issued by the judge to Bar Council had already been sent to Shenoy by speed post on 04.03.2023. The counsel also argued that it is within the powers of the Bar Council to take up matters suo motu without any complaint being filed. The counsel also submitted that Shenoy was free to file an objection to the show cause notice to which Shenoy replied that he has already filed his objection on 07.03.2023.

The court refused to stay the proceedings against Shenoy and observed that he is entitled to file his objection and participate in the proceeding against him.  

Last week, Shenoy had filed a writ petition alleging that Justice Joseph was hearing only 20 cases on a day.  Two weeks before that, the suo motu contempt case was initiated against him, on which the bench issued notice to the lawyer on February 28.  

Case Title: Yeshwanth Shenoy V The Bar Council Of Kerala

Click here to read/download order