Justices PB Suresh Kumar and C Pratheep Kumar stated that an apology alone was insufficient for such serious contemptuous acts.
Kerala: Recently, the Kerala High Court has ordered 28 advocates to provide free legal services as a means of purging themselves of contempt of court after they apologized for shouting abusive slogans against a Chief Judicial Magistrate (CJM) in Kottayam.
The case involved 29 lawyers who were summoned by the High Court for a contempt case initiated last year. The lawyers had barged into the CJM’s court to shout abusive slogans.
After the High Court initiated a criminal contempt of court case, 28 of the lawyers offered unconditional apologies. However, Justices PB Suresh Kumar and C Pratheep Kumar stated that an apology alone was insufficient for such serious contemptuous acts.
“The court believes that simply offering an apology is not enough for the respondents to avoid consequences,” stated the July 26 order.
The Court proposed that the 28 lawyers should provide free legal aid to the poor and needy as a remedial measure, which the lawyers accepted, provided it did not affect their right to practice law.
“In light of the unique circumstances of this case, we find it appropriate to accept the unconditional apologies from respondents 2 to 29 and purge their contempt based on their commitment to offer free legal aid to the poor and needy through the District Legal Services Authority, Kottayam, for a period of six months from today,”
the Court stated.
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The Court also directed the Secretary of the District Legal Services Authority to assign legal aid tasks to the lawyers, monitor their progress, and submit a report to the Court after six months.
“However, it is made clear that this order does not in any way affect the right of respondents 2 to 29 to continue practicing as lawyers or to pursue any career based on their qualifications and experience at the Bar,”
the Court added.
The incident occurred on November 23, 2023, when about 200 advocates entered the courtroom of CJM Viveeja Sethumohan, shouting slogans against her over alleged misconduct and the registration of a forgery case against a lawyer.
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The protest, triggered by the registration of a criminal case against advocate MP Navab, stayed court proceedings and was recorded on video, which was widely shared on WhatsApp.
The High Court issued contempt notices to 29 lawyers, and except for advocate Sojan Pavanios, all tendered apologies, which were accepted on the condition of providing free legal aid for six months.
Case Title: Suo Motu v Adv Sojan Pavanios & ors
