V. SIVANKUTTY, AGED 60 YEARS, MEMBER OF THE LEGISLATIVE ASSEMBLY, S/O. M. VASUDEVAN PILLAI, MULLAKKAL HOUSE, SUBASH NAGAR, PERUNTHANNI, THIRUVANANTHAPURAM Vs. K.C. JOSEPH, AGED 79 YEARS, S/O. K.M. CHACKO, PRESENTLY WORKING AS MINISTER FOR PLANNING AND CULTURE, STATE OF KERALA AND RESIDING AT KOWDIAR HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN

JUDGEMENT

(1.) This contempt of court case is registered and taken cognizance of, on the allegation that the respondent has committed criminal contempt as defined under Sec. 2(c)(i) of the Contempt of Courts Act, 1971, for short, 'the Act'.

(2.) Consent of the Advocate General was not sought for by the petitioner before instituting the application which has generated these proceedings. Opportunity was given to the petitioner to obtain it. Because the proceedings before the Advocate General was apparently getting delayed, at least to some extent, for whatsoever be the reason therefor; and because this Court was cognizant of the fact that very many of the allegations and averments in this case involve statements touching the performance of the office of the Advocate General as well; it was decided that it is appropriate to look into the matter for suo motu action, notwithstanding that the consent of the Advocate General was not available, though applied for by the petitioner. Accordingly, cognizance was taken and notice was issued to the respondent.

(3.) Attributes made against the respondent, beyond any shadow of doubt, fall within the ambit of the afore noted provision relating to criminal contempt. There is no doubt about that. Hence, the inescapable consequence is that the respondent is liable to be punished under Sec. 12 of the Act, unless otherwise ordered by this Court.