IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. SINGH, J.
Suo Motu - Appellant
Versus
R.Rajesh, Ex M.L.A And Member Of Syndicate, University Of Kerala - Respondent
SUO MOTU CONTEMPT CASE (CRIMINAL) No. 1 OF 2025
Decided on : 07-07-2025
| Table of Content |
|---|
| 1. allegations of contempt via social media (Para 1 , 2) |
| 2. criticism of court composition amounts to contempt (Para 4) |
| 3. integrity of the judiciary must be upheld (Para 5) |
| 4. definition of criminal contempt and judicial authority (Para 6 , 7 , 8 , 9 , 10) |
| 5. protection of judicial independence is paramount (Para 11) |
| 6. court's duty to address contempt (Para 12) |
| 7. finding of contempt and consequences (Para 13 , 14) |
ORDER :
D. K. SINGH, J.
RE: Mr R Rajesh,
ExMLA and Member of Syndicate,
University of Kerala, Palayam,
Thiruvananthapuram :
Alleged Contemnor
This Court has come across the Facebook post of the alleged contemnor, dated 06.07.2025, which clearly indicates that he had committed ex facie criminal contempt of the Court. The Facebook post of the alleged contemnor prima facie amounts to interference with the administration of justice and scandalising the Court. The alleged contemnor is not only the former MLA of the State Legislative Assembly but also a Syndicate Member of the University of Kerala. The University and Syndicate are litigants before this Court in a number of cases.
2. The Facebook post dated 06.07.2025, which has been written in Malayalam on the Facebook page of the alleged contemnor, on being translated into English, would read as under:
“The goddess of justice sits in the High Court, not a woman carrying a saffron flag.
Let the country know whose path some of you are following...
Let the country judge for whom your decisions are made.....
The Center is trying to destroy and control the higher education sector of Kerala....
They take different approaches to this.
1. Chancellors are tasked solely with politically controlling universities.
2. They appoint Vice Chancellors of their choice without even considering their qualifications....
Can’t you question this?
That is where the biggest interference is being made by the Centre. The High Court bench that hears university cases deliberately appoints staunch Sangh Parivar supporters.
The verdict is given in the High Court considering cases related to higher education...
Sangh Parivar Those who are interested...
Let’s look at some recent rulings.
Case 1 Mohan Kunnummal, who is holding the temporary charge of the VC of Kerala University, is the only doctor working in the health field. He is 68 years old.
What is the legal qualification to become the VC of the University of Kerala?
To become a Vice Chancellor, one must have 10 years of experience as a professor.
Must not be over 65 years of age.
But does Mohan Kunnummal have these 2 qualifications to become the Vice Chancellor of the University of Kerala?
(a) Not only does he not have ten years of experience, he is not a professor.
(b) The Chancellor granted the reappointment when he turned 68 after the age of 65.
What was the verdict on the petition filed by the eligible persons questioning this matter?
While considering the petition, the court accepted the argument that the interim VC did not have these qualifications, and why did it allow the interim VC to continue in office?
The only reason is that the interim VC is a Sangh Parivar member.
Did the goddess of justice or the woman carrying the saffron flag win here?
Case 2 The law states that a student representative appointed to the University Senate must be under 30 years of age.
How long has the verdict been postponed on the petition challenging the admission of a person over 30 years of age to the Senate?
Would it be wrong to suspect that the delay is due to the verdict against the right-wing representative?
Case 3
What happens in the registry case?
(a) Does the VC have the power to suspend the Registrar of the University of Kerala?
* No.
The appointment of the Registrar is made entirely by the Syndicate.
(b) What is the method taken by the VC to suspend the Registrar at present?
* If any urgent non-policy decision needs to be taken during the meeting of 2 syndicates in the university, the VC can decide as per Section
Baradakanta Mishra v. The Registrar of Orissa High Court
M. Y. Shareef and another v. The Hon’ble Judges of the High Court of Nagpur and others
Public figures are not exempt from scrutiny under contempt law; scandalizing remarks undermine judicial authority and may invoke legal consequences.
Statements undermining the judiciary and attributing improper motives to judges constitute criminal contempt under the Contempt of Courts Act, warranting strict action to uphold judicial authority.
The publication by the contemnor constituted criminal contempt by scandalizing the court and interfering with the administration of justice, warranting punishment under the Contempt of Courts Act.
Allegations undermining judicial authority and disrupting court proceedings constitute criminal contempt under the Contempt of Courts Act, 1971.
The conduct of the accused constituted criminal contempt by making baseless allegations against judicial officers, thereby lowering the authority of the Court.
The court affirmed that public criticisms and unfounded allegations against judges constitute contempt, undermining judicial authority and integrity.
Reckless accusations against judicial officers undermine the court's authority and constitute criminal contempt, necessitating strict penalties to uphold judicial integrity.
The court found that making unfounded allegations against judges and judicial officers constitutes criminal contempt, undermining public confidence in the justice system.
(1) Contempt of Court – An advocate, more than any other stakeholder in justice delivery system, bears heightened duty to uphold dignity of institution and to act with circumspection in matters touch....
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