High Court of Kerala Holds Respondent Guilty of Contempt for Objectionable Video: “Unconditional Apology” Demanded

Ernakulam, June 8, 2023: In a significant development, the High Court of Kerala at Ernakulam has found Sri K.M. Shajahan, aged 61, guilty of contempt of court for an objectionable video he streamed against three judges. The court demanded an “unconditional apology” from the respondent and set a date for compliance.

During the hearing, Hon’ble Justice P.B. Suresh Kumar and Hon’ble Justice C.S. Sudha expressed their concern over the imputations made by the respondent in the objectionable video. Justice Suresh Kumar stated, “Even though the respondent did not tender an unconditional apology after admitting that he has committed the contempt initially, it was found by him in the course of the hearing that the arguments advanced by him are not acceptable to the court.”

The court emphasized that citizens have the right to criticize judicial orders but within the bounds of fair criticism. Justice Sudha observed, “The two spaces alluding to the involvement of the judge in the controversy cross the limits of fair criticism and hence amount to contempt of court.”

The respondent filed an affidavit acknowledging that the two spaces in the video exceeded the benchmark of fair criticism. However, the court did not accept the affidavit as an unconditional apology. Justice Suresh Kumar stated, “We are unable to accept this affidavit as an affidavit in accordance with Rule 14(a) of the Rules.”

However, the respondent later expressed his willingness to file an unconditional apology in writing. In addition, he offered to stream a video on his YouTube channel, withdrawing the imputations made against the judges and expressing regret for the objectionable video.

Taking into consideration these developments, the court permitted the respondent to file an unconditional apology, admit his contempt of court, and stream a video expressing regret. The next hearing is scheduled for June 15, 2023, where the respondent is required to be present.

The court concluded, “In order to consider the further course of action in this proceeding, the respondent can be permitted to file an unconditional apology, expressing regret for having streamed the objectionable video, after admitting that he has committed contempt of court.”

Dated this the 8th day of June, 2023.

SUO MOTU vs SRI.K.M.SHAJAHAN,

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