Kerala High Court initiates contempt case against ex-MLA for Facebook post alleging judges have 'Sangh Bias'

The Kerala High Court has initiated suo motu criminal contempt of court proceedings against former CPI(M) MLA and Kerala University Syndicate Member R Rajesh for a Facebook post in which he alleged that judges hearing education related matters, including the University Registrar suspension case, are supporters of Sangh Parivar [Suo Motu v R Rajesh]..In an order passed on July 7, Justice DK Singh observed that the Facebook post amounted to ex facie criminal contempt as it scandalised the Court and interfered with judicial proceedings.The judge took strong exception to Rajesh's accusations that the judiciary was aligned with the Sangh Parivar which is a term used for describing the the network of organizations affiliated with Hindutva body Rashtriya Swayamsevak Sangh (RSS) and its affiliated organisations.In his Facebook post dated July 5, Rajesh had accused the bench hearing university related cases, of being composed of staunch 'Sangh Parivar' supporters and questioned whether justice was being served or if decisions were being influenced by ideological bias.The Court noted that Rajesh even made a remark stating "Did the goddess of justice or the woman carrying the saffron flag win here" suggesting judicial decisions were politically coloured."He has not criticised the judgments, but criticised the judges heading the Bench hearing education matters in the language which amounts to scandalising the Court and maligning the reputation of the Judge(s)," the Judge noted..The judge said that Rajesh, despite being a public figure, had made wild and unsubstantiated allegations which lowered the dignity and authority of the Court in the eyes of the public and cautioned that no individual, regardless of their public standing was above the law, that every person was bound to uphold the rule of law. "No one, even a public figure like the alleged Suo Motu Contempt Case contemnor, can be allowed to make insinuations, allegations and aspersions on the Judges of this Court or, in that manner, even of any other Court which has the effect of lowering down the majesty of the Court as a whole in the eye of general public," the Judge added.The contempt proceedings arose in the backdrop of the University Registrar suspension case, which was also listed before the same bench on the day this order was passed.In that case, Dr KS Anil Kumar had challenged his suspension by the Vice Chancellor but later withdrew the petition after the University Syndicate, of which Rajesh is a member, reinstated him.Despite this development, the Court noted that Rajesh's Facebook post made insulting references, implying that the Court had failed to act against alleged illegality due to ideological leanings and said that it would not tolerate such remarks which are aimed at discrediting judges or diminishing public faith in the judiciary..The Court highlighted that it was not acting out of personal grievance but in fulfilment of its constitutional responsibility to protect the integrity, independence and majesty of the judiciary."The power to do justice includes the power of punishment. If someone has done something wrong, adequate punishment for such wrong is also a divine obligation upon the Court of law, whereby such power is to be exercised," the Court added.Invoking its authority under Section 15 (cognizance of criminal contempt in other cases) of the Contempt of Courts Act, 1971, Article 215 of the Constitution (power to punish for contempt), and Rule 164(2) (suo motu action in contempt cases) of the Kerala High Court Rules, the Court framed two specific charges against Rajesh: (i) that his Facebook post was intended to defile the image of the Court and insult the Judges hearing education-related matters, and (ii) that his statements were scandalous and unfounded, amounting to criminal contempt under Section 2(c) of the Contempt of Courts Act.The Court has directed him to appear before it in person or through counsel on July 23 at 10:15 am..[Read Order]