SUO MOTU Vs. SRI.SAJI K.ITTAN

JUDGEMENT

(1.) Sri. K.P. Mathaikunju and 3 others filed a contempt of court case before this court against the respondents herein, alleging that the respondents have committed civil contempt by publishing a face book post in a face book page to which the respondents are the admins and also published a similar news in the website www.ovsonline.in on 27-02-2019, to the effect that the cases, O.P (C) No.65/2019 & Tr.P (C) No.76/2019, which pertains to the dispute regarding the 'Vadavukod Church' were dismissed by the High Court on 27-02- 2019, which in fact were only reserved for judgment on that day. It is alleged that the act of the respondents in this regard would amount to interference with the administration of justice and therefore they have committed contempt of court punishable under provisions of Contempt of Courts Act , 1971. The Registry of this court expressed doubt with respect to maintainability of the above said contempt of court petition. Therefore the case was posted before the learned Single Judge who as dealing with OP (C) No.65/2019 and Tr.P (C) No.76/2019, as unnumbered contempt petition. Initially, the learned Judge appointed an 'amicus curiae' in the matter, through order dated 01-03-2019. But subsequently, on 31-05-2019, the Single Judge directed the Registry of this court to place the petition before Hon'ble Chief justice for appropriate further action on the administrative side, in the light of the decision of the Full Bench in Rehim P. V. M.V. Jayarajan and others (2010 (4) KLT 286). When the matter was placed for consideration before the Hon'ble Chief Justice on 25-06-2019, it was ordered to place the matter as a suo motu criminal contempt case, for preliminary hearing, before the appropriate Bench. When the matter came on the judicial side, this court ordered notice to the respondents. Personal appearance of the respondents were dispensed with for the time being. The respondents appeared and each of them had filed separate affidavits. Now the case is coming up for consideration as to whether there exists prima facie contempt and to decide whether further proceedings need to be pursued in the case by framing charge against the respondents.

(2.) English translation of the face book post as well as the news posted in the website are reproduced hereunder for a better appreciation;

(3.) Question to be considered is whether the above said publications have been made by the respondents with any dishonest intention of interfering with the course of administration of justice and as to whether the publications have caused prejudice among members of the community by publishing false and incorrect news about the court proceedings.