Kerala High Court Closes Criminal Contempt Case Against Lawyer For 'Shouting' In Magistrate Court, Accepts His Apology

The Kerala High Court on Monday (August 18) closed the suo motu criminal contempt proceedings initiated against Ettumanoor-based lawyer after he filed an affidavit furnishing his unconditional apology.

The contempt proceedings were initiated after the advocate allegedly disrupted the proceedings of the Judicial First Class Magistrate-I, Ettumanoor on 02.02.2023. It was alleged that the advocate shouted in open court and obstructed the due administration of justice. It was also stated that the advocate berated the Court in an ill-mannered and intemperate fashion after his bail applications were dismissed.

"I understand that my behaviour before the Hon'ble Court on 02.02.2023 while appearing in the aforementioned bail application seems to be perceived by the Hon'ble Judge as showing indignation and disrespect, which I never intended. I would like to clarify that no such intent was ever harboured on my part. Being an officer of the court, I realise that I hold absolute responsibility to uphold the dignity of the judicial institution...Hence, I hereby tender an unconditional apology, and I swear that I shall uphold the sanctity and dignity of this institution all along...," said the affidavit

A Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar observed:

"Under Rule 14 (a) of the Contempt of Courts (High Court of Kerala) Rules, 1988, if the respondent tenders an unconditional apology after admitting that he has committed the contempt, the court may proceed to pass such orders as deems fit...We are satisfied that the apology aforesaid of the respondent is in tune with the requirement of Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules, 1988. In that view of the matter, we accept the unconditional apology tendered by the respondent/contemnor and he is discharged."

Thus, the Court closed the contempt proceedings.

Case No: Cont.Cas.(Crl.) No. 5 of 2023

Case Title: Suo Motu v. AAA

Citation: 2025 LiveLaw (Ker) 506

Counsel for the respondent: S.S. Aravind, G. Sreekumar (Chelur)

Click to Read/Download Judgment