IMPORTANT POINT
Use of abusive and pejorative language for Judges and calling upon them to resign and step down from their office if they have any self respect is intending to scandalize and lower the dignity of the Court. Offender liable for contempt of Court.

JUDGMENT

VIKRAMAJIT SEN, J.

1. This Appeal lays siege to the decision of the Division Bench of the High Court of Kerala at Ernakulam, which found the Petitioner guilty of having committed criminal contempt punishable under Section 12 of the Contempt of Courts Act, 1971, and sentenced him to simple imprisonment for six months and to pay a fine of Rs.2000/-.

2. The facts leading to these events is that another Division Bench of the High Court of Kerala had, by Orders dated 23.6.2010, banned the holding of meetings on public roads and road margins in the State with the object of ensuring accident-free and uninterrupted traffic along such public roads. Although not relevant for the present purposes, these Orders were confirmed subsequently; a Review Petition was dismissed and the Special Leave Petition was also rejected by this Court. Meanwhile, on 26.6.2010, the Appellant delivered a speech in a public meeting at Kannur, Kerala allegedly convened in connection with a hartal organised to protest against the hike in petroleum prices, which was widely reported by the media. A translation of the speech as appearing in local City News reads as follows:-

“When the Court verdicts go against the country and the people, those verdicts have only the value of grass. From now on, what worth do the judges who pronounced the verdict have? Today disregarding the verdict of those Judges and flouting their judgments, people throughout the length and breadth of Kerala are organizing public meetings and rallies. Why should those Judges sit in glass houses and pass verdicts any more? If they have any self respect they should resign and step down from their office. The judiciary can attain greatness only when judgments acceptable to the country and obeyed by the people are passed. Today even the judiciary is ashamed. If the Executive exceeds its limits the judiciary is there to save. Judges are to interpret the laws and interpret the intention of the Legislature which had made the laws and pass orders accordingly. Unfortunately, what some idiots (fools) occupying our seat of justice say is nothing else. Actually speaking they themselves make laws and they themselves issue orders. This is not conducive to a democratic country. This is what they should correct. Today is the day on which the verdict of two senior Judges of Kerala High Court has been given only the value of grass.”

Asia Net news reported the speech as follows:-

“Today disregarding the verdict of those Judges and flouting their judgments, people throughout the length and breadth of Kerala are organizing public meetings and rallies. Why should those Judges sit in glass houses and pass verdicts any more? If they have any self respect they should resign and step down from their office. The judiciary can attain greatness only when judgments acceptable to the country and obeyed by the people are passed. Today judiciary is the refuge. If the Legislature exceeds its limits there is the judiciary which comes to the rescue. But if the judiciary exceeds its limits who will tether the judiciary. In a democracy people are the supreme. Judges are to interpret the laws and interpret the intention of the Legislature which had made the laws and pass orders accordingly. Unfortunately, what some idiots (fools) occupying our seat of justice say is nothing else.”

India Vision News also carried this speech, which translated reads thus:-

“When the Court verdicts go against the country and the people, those verdicts have only the value of grass. Now on, what worth do the judges who pronounced the verdict have? Today disregarding the verdict of those Judges and flouting their judgments, people throughout the length and breadth of Kerala are organizing public meetings and rallies. Why should those Judges sit in glass houses and pass verdicts any more? If they have any self respect they should resign and step down from their office. Unfortunately, what some idiots (fools) occupying our seat of justice say is nothing