Kerala High Court conditionally accepts apologies by 28 lawyers who shouted slogans at Kottayam Magistrate

The Kerala High Court has directed 28 advocates who apologised for shouting abusive slogans against a Chief Judicial Magistrate (CJM) in Kottayam, to provide free legal service as a means of purging themselves of contempt of court [Suo Motu v Adv Sojan Pavanios & ors]..The matter concerned 29 lawyers who were summoned by the High Court in a contempt case initiated last year after a group of lawyers barged into the court of the CJM, Kottayam to shout abusive slogans at the judge.After the High Court initiated a criminal contempt of court case against 29 lawyers who were part of this group, 28 of them offered unconditional apologies for their conduct.However, Justices PB Suresh Kumar and C Pratheep Kumar observed that merely offering an apology would not suffice to make up for such serious contemptuous acts."This court is of the view that the respondents ought not be allowed to get away by merely offering sorry by way of an apology as the easiest way," the July 26 order said. .Instead, the Court proposed that the 28 lawyers should provide free legal aid to the poor and needy as a remedial measure. The lawyers told the Court that they had no objection to accepting such a condition, provided it did not affect their right to practice the law.The Court, therefore, ordered the 28 lawyers to offer their services to the District Legal Services Authority, Kottayam for six months."In the circumstances, in the peculiar facts of this case, we deem it appropriate to accept the unconditional apologies tendered by respondents 2 to 29 and purge the contempt committed by them based on the undertaking that they shall offer their services to the District Legal Services Authority, Kottayam for free legal aid to the poor and needy, for a period of six months from today.", the Court said.It also directed the Secretary of the District Legal Services Authority to assign legal aid work to the lawyers, monitor their progress, and submit a report to the Court at the end of six months."It is, however, made clear that this order will not preclude in any manner, the right of respondents 2 to 29 to continue practising as lawyers or to pursue any career on the strength of their qualification and experience at the Bar," the Court added. .On November 23, 2023, a group of about 200 advocates entered the courtroom of the Kottayam CJM Viveeja Sethumohan and shouted slogans against her over her alleged conduct with lawyers and to protest the registration of a forgery case against a lawyer. The unruly behaviour was triggered by the registration of a criminal case against a fellow lawyer, advocate MP Navab, based on a complaint by a court officer accusing the lawyer of forgery.The sloganeering lawyers managed to halt the proceedings before CJM Sethumohan who proceeded to record the chaotic events in an order.The protests spanned the entire corridor of the court complex and according to the magistrate's order, there were a few persons with cameras recording the protest as well. The videos of the protest were also widely shared on WhatsApp within hours.The order added that the videographers recorded court proceedings. When the police aid at the court tried to intervene, the advocates turned against them as well, interrupting proceedings for 5 to 8 minutes, the order noted.Upon receiving a report on the incident, the Kerala High Court issued contempt notices to 29 lawyers who appeared through their counsel, save for one lawyer, advocate Sojan Pavanios who appeared in person.All the lawyers except for Pavanios later tendered apologies in the matter, which have now been accepted by the Court on the condition that they provide free legal aid for six months. .[Read Order]