Judges resort to contempt of court only when personal attacks likely to affect esteem of judiciary: Kerala High Court

Judges resort to contempt of court cases only when comments from the public go beyond personal attacks and take on a colour that could tarnish the image of the entire judiciary, the Kerala High Court recently opined. .A division bench of Justices AK Jayasankaran Nambiar and Mohammed Nias CP was considering one such contempt case in which the contemnor (the person against whom the case was initiated) had failed to appear in Court despite clear orders. .The bench saw it fit to make some observations regarding the seriousness of being in contempt. It spoke of the discipline and nobility of judges which stop them from shooting from the hip in response to uncharitable or even unjustified comments by the public about them. "Our citizenry must realize that Judges in this country work under enormous pressure owing to the mounting pendency of cases in our courts, and the infrastructural and other constraints that affect the justice delivery system. Despite that, and on account of their discipline and training as judicial officers, they do not react to uncharitable, and often unjustified, comments from the public about their judicial performance. Their restraint stems from the nobility that they possess", the bench observed. It further said that it is only when the comments from the public are of a nature that could affect the esteem of the judicial institution do judges initiate contempt cases, and that too, only with the intention to preserve the rest of the public's faith in the institution."It is only when confronted with comments or remarks that go well beyond personal attacks, and have the propensity to defame or lower the esteem of the judicial institution itself, that they respond swiftly with the only weapon in their judicial armoury – the proceedings for contempt of court. Even on such occasions, their efforts are directed solely at preserving the majesty of the judicial institution and ensuring that the misconceived actions of some do not destroy the faith of the majority in an institution that has for long remained the last bastion of hope against rights infringement for our citizens", the order stated..The Court was considering a contempt of court case it had initiated against the president of the political organisation V4Kochi, Nipun Cherian, for some remarks he made against a sitting judge of the High Court on the V4Kochi Facebook page.Despite being summoned repeatedly, Cherian never showed up in court leading to the issuance of a non-bailable warrant against him earlier this week. Cherian did, however, reach the gates of the High Court once but refused to enter, stating that his fellow V4Kochi members should also be allowed inside along with him. Taking a very dim view of Cherian's actions, the Court said,"Such conduct on the part of litigants entering the premises of this hallowed institution, and especially from one who is already facing trial for criminal contempt of this Court, is wholly unacceptable and will not be countenanced under any circumstances.The courts in our country are overly burdened with litigation and its Judges do not have the time to pander to such idiosyncratic behaviour of litigants.".The matter will be taken up next on Tuesday, February 28. .[Read Order]