Kerala High Court bar body flags WhatsApp group leaking orders, collegium news; says judges are members

The Kerala High Court Advocates' Association (KHCAA) has written to Chief Justice Nitin Jamdar alleging that judges and journalists are part of a lawyers' WhatsApp group called 'Lawyers News Network' in which court orders and even collegium recommendations are leaked before they are officially published.

The KHCAA has requested the Chief Justice to take swift action to control the officials of the High Court Registry so that such leaks can be curbed.

"This WhatsApp group is known for publishing judgments and administrative orders even before it is uploaded in the official website. This Group also had the privilege of having published the photograph of a collegium recommendation. Unless complete control is not established with the Registry, such leaks are certain to happen. We need to take strict action to ensure the concerned officers are punished for any such leaks in the future," the letter stated.

The existence of the group hits at the heart of judicial integrity, the KHCAA said while requesting the Chief Justice to set up an inquiry by the vigilance department of the High Court.

As for the presence of High Court judges in the group, the KHCAA said that after the bar body informed the judges of their concerns, all of the judges who had been part of the group have exited it.

However, the bar body alleged that several sitting judges of the district judiciary and tribunals were still part of the group.

In this regard, the KHCAA letter specifically highlighted that judicial officer Viveeja Sethumohan is present in the group. When she was the Chief Judicial Magistrate in Kottayam, a protest had erupted in her court leading to the High Court initiating contempt of court cases against 29 lawyers. According to the KHCAA, the judicial officer was quietly watching the reaction of the advocates by lurking in the group.

This is nothing short of treachery on the part of the admin of the group, advocate Mansoor BH, the KHCAA letter stated.

Pertinently, the KHCAA also named journalists from several reputed publications who are allegedly part of the WhatsApp group.

The KHCAA has now requested the Chief Justice to give strict directions to judicial officers of the district judiciary to keep themselves away from such groups.

According to its letter, the KHCAA is also considering taking up the matter with the Chief Justice of India.

"The KHCAA is considering taking up the matter with the Chief Justice of India because this case is apt one to pursue the full court of the Hon'ble Supreme Court to take a good relook at the Restatement of Values of Judicial Lives. The KHCAA strives to ensure a fair playing field for all advocates and every advocate being treated equally," the letter stated.

The KHCAA letter comes close on the heels of its annual day function which saw a violent altercation erupt between advocates after the event ended. The incident was videotaped and later aired by some media channels which prompted the KHCAA to issue a press release claiming that the incident was designed to malign the image of the lawyer community.

Subsequently, the KHCAA issued notices of disciplinary proceedings to three of its member - advocates Aswin Asok, Nidheesh TP and Ambadi Murali, whom it identified as the main perpetrators of the violence. The three advocates were also suspended from the bar body.

In the letter addressed to the Chief Justice, the KHCAA alleged that the incident was recorded by a videographer who was not engaged by it and that the "distorted" media reports were pre-planned.

They alleged that several persons who are not lawyers or judges were not officially invited were invited by Mansoor, the sole admin of the controversial WhatsApp group.

According to the KHCAA, the group includes several unknown "operatives" who took advantage of the fact that reputed members of the bar and bench were members, to operate a "well-oiled dirty network of 'fixers'."

The KHCAA also took issue with the manner in which the incident was portrayed in the group.

"The Lawyers News Network is the greatest example where a large majority of unsuspecting persons with great reputation were taken for a ride by a handful of operators without them even having knowledge of the fact that they were being used only as a front end while dirty work was going on in the back end. ...When there are hundreds of WhatsApp groups run by advocates, when only one has a star-studded presence, it raises eyebrows and unnecessary corridor talks. The corridor talks are not heard loud because of the fear' of the 'normal' man to take on people they perceive to be 'powerful'," the letter stated.