Contemptuous remarks against judges: Kerala HC's unprecedented order for apology video on YouTube

Contemptuous remarks against judges: Kerala HC's unprecedented order for apology video on YouTube

In a groundbreaking ruling, the Kerala High Court has taken a stern stance against contempt of court by ordering KM Shajahan, former private secretary of the esteemed former Chief Minister VS Achuthanandan, to publish an apology video on his YouTube channel. The court found Shajahan guilty of making objectionable comments about the judges of the High Court, and this unique penalty serves as a powerful reminder of the consequences of such actions.

A division bench consisting of Justices PB Suresh Kumar and CS Sudha delivered the verdict after Shajahan expressed his willingness to submit an unconditional apology. However, it is noteworthy that Shajahan's affidavit initially denied any contempt of court on his part.

To rectify his misconduct, the court instructed Shajahan to stream a video on his YouTube channel, explicitly expressing remorse for sharing the objectionable content. This decision aligns with the provisions outlined in Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules.

It all began when Shajahan streamed a video on his YouTube channel, brazenly making derogatory remarks targeting the honorable judges of the High Court. On June 5, the Court granted him the opportunity to offer an unconditional apology, setting the case for a hearing on June 6.

However, Shajahan failed to appear on June 6, leading to an adjournment of the matter until June 8. Upon reviewing Shajahan's affidavit, the court observed that it did not contain an unequivocal apology.

Regrettably, the affidavit lacked an acknowledgment of contempt of court. Instead, Shajahan claimed that the Court had informed him that his actions might amount to contempt, and he attempted to justify his conduct by highlighting the intention to expose what he deemed a patently erroneous judicial order.

Displeased with this response, the court deemed the affidavit inadequate, as it failed to comply with Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules.

In response to the court's decision to proceed with the matter, Shajahan conceded and expressed his preparedness to issue an unconditional apology, expressing remorse for his defamatory statements against the judges. He further committed to streaming a video on his YouTube channel, retracting his allegations and expressing regret for sharing the objectionable content.

The court, satisfied with Shajahan's submission, directed him to fulfill his promise, ensuring that the video's link and a copy are submitted in an electronic device before the next hearing, scheduled for June 15.

This unprecedented order by the Kerala High Court signifies a resolute stance against contemptuous behavior and serves as a powerful reminder that individuals must exercise responsible conduct, particularly when addressing judicial matters. As the case continues to unfold, all eyes remain fixed on the outcome, eagerly awaiting the demonstration of accountability and the potential ripple effects this decision may have on future instances of contempt of court.

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