IMPORTANT POINT
An apology in contempt proceedings must be genuine and timely; otherwise, it cannot absolve the contemnor of responsibility.

JUDGMENT :

The petitioner is stated to be an Advocate and says that he visited the Alathur Police Station “to ensure compliance of an order of the Judicial First Class Magistrate's Court, Alathur” (sic). He asserts that he was abused by the respondents, using denigratory vocatives; thus made to feel very unsafe, being threatened with physical abuse also; and that the entire incident has been video recorded, with a statutorily certified copy placed on record, as Annexure A3. He asserts that the actions of the respondents are in blatant violation of the declaratory directives of this Court in Anil J.S v. State of Kerala and Others [2021 (5) KLT 222], as also Siddique Babu I. and another v. State of Kerala and others [2018 (5) KHC 576]; and thus prays that necessary action against them be initiated and pursued under the Contempt of Courts Act.

2. I am refraining from further inditing the facts involved because, in response to this contempt application, the respondents have filed counter affidavits stating their respective positions, with which this Court will deal presently.

3. Quad hoc the second respondent, his affidavit states that he was on leave on day in question; and that he had, therefore, no involvement in the alleged incident.

4. Coming to the first respondent, he initially filed an affidavit on 01.02.2024, conceding that he was aware of the afore judgments, as also the subsequent Circular issued by the State Police Chief – namely Annexure P2 - requiring Police Officers to act in a civil manner to the citizens and to behave like a professional force, without use of disrespectful words; but explained that the “incident happened out of heat of passion and pressure of the circumstances” (sic); but then adding that “I deeply regret and tender my unconditional apology and I undertake that I will not involve in similar incidents alike” (sic). The affidavit further avers that the District Police Chief had conducted a preliminary investigation into his conduct and that he has been found guilty, thus being issued with a “warning” under the provisions of the Kerala Police Act - producing the said proceedings as Ext.R1(a).

5. The records reveal that, subsequent to this, the first respondent - perhaps being alerted by the subsequent orders of this Court, that his afore affidavit may not be construed as an unqualified apology - filed another affidavit, dated 28.02.2024, wherein, he accepted every imputation and allegation against him without any reservation and offered apology unconditionally, affirming that “my conduct fell short of the standards which I was duty bound to uphold. I should not have behaved in such a manner to anyone approaching a Police Station. .......... I am deeply remorseful for the unwarranted behavior and lack of judgement from my side and I repent the same. …...... I will be keeping more care and consciousness in keeping the honor and dignity of the police force with the utmost propriety and adherence to the law” (sic).

6. Sri.Yashwant Shenoy – learned counsel for the petitioner, argued with great vehemence, that the conduct of the respondents warrants exemplary action, because it emanated out of a perception that they are not accountable even for very bad behaviour. He argued that, when the judgments of this Court are treated with apparent derision - manifest from the factum of the first respondent having conceded to have used objectionable language and unacceptable behaviour - he cannot be left free merely because he makes an apology, since this would amount to a premium for such. He then relied upon the judgment of the Hon'ble Supreme Court in Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor (Deceased) Represented by LRs [AIR 2023 SC 4390], to argue that the Hon'ble Supreme Court has warned that leniency of Courts, pursuant to apologies being quoted over a period of time has actually emboldened and unscrupulous litigants. He concluded saying that, in any event, the apology now tendered by the first r