Retired Judge Kemal Pasha withdrew two videos and issued an apology to KM Abraham after making derogatory remarks. The action followed a legal notice threatening a Rs 2 crore defamation suit.
Retired High Court judge Justice Kemal Pasha has expressed deep regret over his remarks against Chief Minister’s Chief Principal Secretary Dr. K M Abraham.
These comments were made through his YouTube channel titled ‘Justice Kemal Pasha Voice’, where he uploaded two controversial videos on April 11 and April 20. In those videos, Justice Pasha allegedly made derogatory comments against Dr. Abraham in connection with a CBI probe ordered by the Kerala High Court into a disproportionate assets case, which had earlier been dismissed by the Vigilance department.
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Following these remarks, Dr. K M Abraham issued a legal notice to Justice Kemal Pasha, claiming that the judge’s statements were defamatory and personally targeted.
The legal notice mentioned that Justice Pasha,
“who was holding the highest office of the judge,” made personal and offensive remarks against Abraham by calling him “Kattalan,” “Corruption Hero,” and “Bribery Hero.”
Dr. Abraham’s legal notice emphasized that these statements were highly damaging to his reputation and were made in a matter that was still sub-judice.
He also pointed out that such statements could tarnish his image among family, friends, and professional colleagues, and that they went against the standard expected from a former judge.
It was noted in the legal notice that
“Abraham is the person who exposed the irregularities and corruption of Sahara”, India’s biggest stock market scam, and was responsible for “imposing the largest penalty amount of Rs 15,000 crore on Sahara”, which remains “the biggest penalty the country has ever seen.”
The legal notice further demanded that the videos be removed immediately, and that a “public apology” should be made by Justice Kemal Pasha in “leading newspapers.”
If these demands were not fulfilled, Dr. K M Abraham warned that he would move forward with a defamation suit claiming “Rs 2 crore in compensation.”
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In response to this legal notice, Justice Kemal Pasha promptly removed both videos from his channel and sent a formal reply to Dr. Abraham’s lawyer. In his written reply, the former judge expressed his “deep regret” and stated,
“I had no personal enmity with Dr. K M Abraham and only on the basis of hearsay, I made the video thinking that he was corrupt.”
He admitted that he
“failed to recognize the consequences” of uploading such videos and said, “Since there was no finding against K M Abraham and the case was sub-judice, I should not have commented on the issue.”
Justice Pasha also clarified that he would not have made the video if he had known about the Supreme Court stay on the matter, saying,
“I would not have made such a video had it been after the Supreme Court stay came.”
However, he denied using the exact derogatory terms that Dr. Abraham mentioned in the complaint.
Still, he confirmed,
“both the videos have been removed. Kemal Pasha said that even he can’t see it anymore.”
In his apology, Justice Pasha added,
“I am very sorry to have uploaded two such videos.”
He also urged Abraham not to pursue legal action further, stating,
“Kemal Pasha said in his reply that he should not accept it and take further legal action.”
Finally, he assured,
“no video or article will be published against K M Abraham in the future.”
This episode highlights the serious implications of making public comments on legal matters that are still under judicial consideration.
It also serves as a reminder about the responsibilities of those who have held judicial office, especially when using platforms like social media or YouTube.
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The matter between Dr. K M Abraham and Justice Kemal Pasha seems to be cooling off after the removal of the videos and the formal expression of regret, though the warning of a defamation suit still stands in case of future violations.
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