Kerala High Court slaps ₹1 lakh cost on lawyer for filing contempt of court petition against Judge

The Kerala High Court recently came down heavily on a lawyer who filed a contempt of court petition making allegations against a judicial officer who heard his case and against the opposite parties and their counsel [PM Kurian v. Deepa Mohanan & Ors.]..Justice C Jayachandran opined that the intention of the lawyer in filing the petition was to discourage and frighten the judicial officer and the opposing side. "The petitioner - supposedly a responsible member of the legal profession and an important stakeholder in the dispensation of justice to the parties before the court - has stooped down to the extent of hurling unfounded and wanton allegations of contempt, not only against a judicial officer, but also against his own counter part appearing for the plaintiffs, a clear aberration to the fraternity and comity expected to be maintained between the members of the legal profession," the Court said. .Such actions, especially coming from a member of the legal profession, ought to be dealt with a stern hand, the single-judge underlined."In cases where there is no contempt at all and where a court of law finds that the contempt petition is mischievous, frivolous and vexatious as found in the instant facts, the Court can certainly invoke its inherent power, besides the power of every High Court under Article 226 of the Constitution, to deal with the situation suitably, by mulcting exemplary cost, so as to save abuse of process of court. In fact, it is the duty of every court to nip at the bud such experimental litigations, designed with mischievous object," the judgment stated. The Court accordingly proceeded to impose ₹1 lakh cost on the petitioner which was ordered to be paid to the Kerala State Legal Services Authority within a period of one month. .The judgment was passed on petition moved by advocate PM Kurian seeking initiation of contempt of court proceedings against the judicial officer hearing a suit in which he appeared before the Additional Munsiff Court, Kottayam.Kurian also sought initiation of contempt proceedings against the opposing parties in the suit as well as the counsel representing them.Kurian had previously challenged two orders passed in the suit by moving the High Court. In one of the two orders, the matter remanded back to the Munsiff Court for fresh consideration. Subsequently, the Munsiff Court allowed the other side to amend their petition. Kurian argued before the High Court that this amounts to contempt of court. He also alleged that the judicial officer had colluded with the opposing parties and their counsel. .However, after hearing the petition extensively, the Court said that it was "of the clear and definite opinion that the instant case is nothing, short of abuse of the process of the court".The Court categorically held that the actions of the judicial officer do not in any way amount to contempt and that the allegations against the opposite parties and their counsel were not only without any merit but also "grossly unbecoming".Finding that the petition lacked any substance, the Court refused to issue notice to the respondents and dismissed it in limine (at the first instance itself). Before concluding the judgment, the Court also touched upon the judgment of the Supreme Court in SK Sarkar v. Vinay Chandra Misra which gave higher weightage to contempt of court petitions moved by lawyers themselves."Being a member of the prestigious legal fraternity, the petitioner is expected to conduct himself assuming the onerous responsibility and sublime duty of a lawyer and in a manner befitting to the grace and nobility of the profession," the judgment stated. .Kurian was represented by advocates Vadakara VVN Menon and NS Gopakumar. .[Read Judgment]