Kerala High Court initiates contempt of court case against film maker Baiju Kottarakkara for remarks against trial judge in actress assault case

The Kerala High Court has initiated suo motu contempt of court proceedings against film director Baiju Kottarakkara for his remarks against the trial judge hearing the actress assault case.. A division bench of Justices AK Jayasankaran Nambiar and Mohammed Nias CP posted the contempt case on October 10 as a last chance for Kottarakara to personally appear as ordered by the Court ."The respondent is not personally present despite receipt of notice. Under such circumstances, post on 10.10.2022 as a last chance for the personal appearance of the respondent.".Kottarakkara made the allegedly disparaging remarks against Principal District and Sessions Judge Honey Varghese, who has been conducting the trial in the actress assault case in which cine actor Dileep is an accused.According to the contempt notice issued by the High Court, Kottarakkara's remarks came during a television debate held on September 5 on the news channel '24 News'.As per the notice, Kottarakkara said that the trial judge is a liar and has been obstructing fair investigation by police.He also alleged that she was not recusing from the matter despite a slew of allegations raised against her by the survivor, lawyers and even a retired judge..The Kerala High Court had recently dismissed a plea moved by the survivor in the 2017 actress assault case to transfer the trial from the Principle Sessions Court, Ernakulam to any other Sessions Court, on the ground of apprehensions of bias on the part of the Sessions judge.Subsequently, the survivor had moved the Supreme Court against the verdict. .In 2017, several persons including Malayalam cine actor Dileep were arrested and charged with various offenses under the IPC, including Sections 366 (kidnapping), 120B (criminal conspiracy), and 376D (gangrape).The prosecution case is that Dileep and his associates orchestrated and executed a revenge crime against the prominent actress by having her abducted and sexually assaulted in a moving vehicle.It was alleged that the victim had a role to play in Dileep’s separation from his former wife which led to the revenge crime. The survivor had first approached the Court seeking a female sessions judge which was allowed by the Court. She then approached the Court seeking to transfer the trial, alleging bias on the part of the Sessions judge, citing the resignation of a Public Prosecutor over some comments the judge had allegedly made. This was dismissed by the Court.Earlier this year, the Sessions Judge who was trying the case was transferred from the Special CBI Court to the Principle District Court. The trial was transferred along with the judge..[Read Order]