[Exclusive]:”We will not allow a single stone to be thrown at the institution”, Gogoi J in Kerala HC contempt case

It seems like a case straight out of a Bollywood potboiler. Hindu girls abducted for jihadist conversions, allegations of bias against a Bench of the Kerala High Court, and an institution determined to protect its integrity..Such was the nature of a rather unusual appeal that came up before the Supreme Court today. A Bench of Justices Ranjan Gogoi and Ashok Bhushan has issued notice on a contempt matter concerning an advocate from Kerala..Advocate CK Mohanan was appearing in the High Court for a number of habeas corpus petitions alleging that Hindu girls were being abducted and forcibly converted to serve jihadist purposes overseas..Mohanan has reportedly had a history of provoking the Bench. And on this particular instance, it seems that the judges have decided to bite back..While arguing a matter in the High Court before a bench of Justices PN Ravindran and Dama Seshadri Naidu, Mohanan had requested for an adjournment at 12:55 pm, and asked that the matter be taken up at 3 o’clock since he “had a sore throat”. Though the bench initially agreed, it later decided to suo motu issue a notice of contempt owing to his behaviour during the hearing..In an order dated November 1, Mohanan was sentenced to three months imprisonment and directed to pay a fine of Rs. 1,000 by a Division Bench of the High Court..Mohanan appealed before the Supreme Court today, alleging that the notice of contempt was “mala fide” and that the procedure for issuance of contempt was completely bypassed by the judges of the Kerala High Court. He was represented by Advocate R Sathish, who also alleged that the Bench was biased against him, given the sensitive nature of the cases..Today, when item 12 was called up for hearing in Court 3, it didn’t seem like a matter one would read too much into. The Bench, however, took an unusually long time to discuss the case between themselves..Justice Gogoi then addressed the counsel by saying,.“You requested for an adjournment at 12:55, saying you had a sore throat. Then the learned judges issued notice of contempt and your sore throat went away. Suddenly you started yelling at the top of your voice.”.The Bench then proceeded to chastise the appellant for his behaviour in Court, asking him,.“The entire Bar Council of Kerala, lock, stock and barrel, has disowned you. Why do you persist in proving that you are a misfit?”.It also noted that the client had expressed a will to terminate Mohanan’s services. To which Sathish, in a rather sarcastic fashion remarked,.“That’s not new. The judge has been in contact with the client all along.”.What that implies is anyone’s guess..The Bench disagreed with the allegation that that contempt notice was issued mala fide, stating,.“We are of the view that the time period of three months [for contempt] is too less. You should go to jail for a longer time.”.Despite the fervent protestations of the counsel, the Bench chose not to set aside the High Court order completely, directing that the fine of Rs. 1000 be paid within two weeks. The court, however, issued notice to the Kerala High Court..Also interesting was a particular observation Justice Gogoi made during the hearing, almost as a caveat to all present. Alluding to the fact that Mohanan had tried to malign the puisne judge on the Bench by making irrelevant references to an article written by Professor Upendra Baxi, he said,.“This institution is strong enough to withstand a thousand stones. But, we will not allow a single one to be thrown at it. “.Fair words indeed. The next hearing might yet bring further interesting details to the fore..Read the Kerala HC order:.Image of Justice Gogoi taken from Supreme Court annual report.