Respondent Discharged After Sincere Apology for Derogatory Remarks Against Judges
In a significant decision, the Kerala High Court has accepted an unconditional apology from Kumbakudi Sudhakaran, discharging him from contempt proceedings. The case arose from allegations that Sudhakaran made derogatory statements about judges in a public speech, casting aspersions on their integrity and authority. The speech in question related to a judgment delivered in W.A. No. 628 of 2018.
The petitioner, Janardhana Shenoy K, initiated the proceedings by filing a Sanction Petition under Section 15(2) of the Contempt of Courts Act, 1971. The learned Advocate General granted permission to proceed with the case, asserting that the respondent's statements scandalized the judges and compromised the court's dignity.
On February 5, 2024, the Kerala High Court issued a notice to Sudhakaran. During subsequent hearings, Sudhakaran expressed sincere regret for his remarks, emphasizing that they were made spontaneously in anger and without any intent to defame the judiciary. He tendered an unconditional apology, which he reiterated in a personal appearance and affidavit before the court.
Sudhakaran's affidavit underscored his respect for the judiciary and his recognition of the inappropriate nature of his statements. He assured the court of his commitment to exercise greater restraint in the future. The court, presided over by Justices Raja Vijayaraghavan V and K.V. Jayakumar, found Sudhakaran's apology to be bona fide and genuine, meeting the requirements of Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules, 1988.
In light of the unconditional apology, the court decided to discharge Sudhakaran and close the contempt case. This ruling underscores the court's willingness to consider sincere apologies in cases of contempt, while also reinforcing the importance of upholding the dignity and authority of the judiciary.
Bottom line:-
Contempt of Court - Unconditional apology tendered by respondent after admitting contempt - Apology considered bona fide and genuine, satisfying Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules, 1988 - Respondent discharged and case closed.
Statutory provision(s): Contempt of Courts Act, 1971 Section 15(2), Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules, 1988
Janardhana Shenoy K v. Kumbakudi Sudhakaran, (Kerala)(DB) : Law Finder Doc id # 2937049
