High Court Mandates Six Months of Free Legal Aid for Contemptuous Advocates: “Unconditional Apologies Are Not Enough”

The High Court of Kerala, in a suo motu criminal contempt case, has ordered 28 advocates from the Kottayam Bar Association to render free legal aid services for six months. This decision came after an unruly incident involving these advocates, who disrupted the proceedings in the Chief Judicial Magistrate’s court. The bench, comprising Justices P.B. Suresh Kumar and C. Pratheep Kumar, emphasized that mere apologies would not suffice in such cases, which interfere with the administration of justice.

Facts of the Case:
On November 23, 2023, during proceedings in C.C. No. 432 of 2019, a group of around 200 advocates, led by Adv. Sojan Pavianiyos and Adv. Benny Kurian, entered the courtroom, shouting slogans against the Chief Judicial Magistrate (CJM). The disruption included hurling abusive language and interrupting court proceedings, demanding action against Adv. Navab, against whom an FIR had been registered. This incident was reported by the CJM and recorded in court proceedings, prompting the High Court to initiate contempt proceedings.

Credibility of Judicial Authority:
The High Court underscored the gravity of the situation, noting that such behavior not only disrupts the judicial process but also undermines the authority of the court. “The respondents have gone to the extent of shouting slogans and hurling abusive as also derogatory remarks at the Chief Judicial Magistrate inside and outside the court hall,” the bench noted, highlighting the severity of the contempt committed.

Legal Reasoning:
The court pointed out that while the advocates submitted unconditional apologies, these alone were insufficient given the nature of their actions. Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules allows the court to pass suitable orders even if apologies are tendered. The court emphasized the need for a deterrent and corrective measure that would uphold the sanctity of the judicial process and deter future misconduct.

Quotes from the Judgment:
“The incident interfered with the administration of justice and tended to lower the authority of the court. In the circumstances, this court may not be justified in discharging the respondents, solely based on the unconditional apologies tendered by them,” the bench stated. This sentiment underscores the court’s commitment to maintaining the integrity of the judicial system.

Conclusion:
By mandating six months of free legal aid service, the High Court of Kerala has sent a strong message regarding the consequences of contemptuous behavior. This decision not only holds the advocates accountable but also contributes positively by providing much-needed legal aid to the poor and needy. The court has directed the Secretary of the District Legal Services Authority, Kottayam, to assign and oversee the legal aid work entrusted to the advocates, ensuring their compliance with the order. This judgment reinforces the judiciary’s stance on upholding the rule of law and maintaining respect for judicial authority.

Date of Decision: July 26, 2024