ORDER :

P.N. PRAKASH, J.

This is a suo motu criminal contempt proceedings initiated against the respondent as per order dated 21.12.2021 passed by this Court.

2 The facts that are required for deciding this contempt petition are as under:

2.1 On 20.12.2021, a video clipping, showing the online Court proceedings of Court No.11 by one of our brother Judges, in which a male who was participating in the virtual hearing platform was found canoodling with a lady, went viral in the social media.

2.2 On the directions of the Hon'ble Chief Justice, this Bench which holds the criminal contempt portfolio, registered the present suo motu criminal contempt proceedings and issued the following directions on 21.12.2021:

The Registry shall register a suo motu criminal contempt proceedings based on the impugned video clipping and place the matter before us on the next date of hearing;

Since the impugned video clipping prima facie discloses the commission of cognizable offences under the Information Technology Act and other penal laws, the CB-CID shall register a suo motu FIR on the impugned video clipping and file a preliminary report before this Court on 23.12.2021 (Thursday) naming the dramatis personae who are found engaged in the vulgar activity;

The Registry shall preserve the video recordings of the Court proceedings in question;

The Registrar (I.T.-cum-Statistics) shall coordinate with CB-CID and if required, furnish the impugned video clipping and other evidences in this regard, to the CB-CID;

The Commissioner of Police, Greater Chennai, shall take steps to block the circulation of the impugned video clipping in the social media.

The Registrar (I.T.-cum-Statistics) shall take steps to liaise with the authorities concerned for removal of the impugned video clipping from the internet.

2.3 On 23.12.2021, the CB-CID filed a preliminary report dated 22.12.2021 stating that the male in the impugned video clipping is one R.D. Santhana Krishnan, Advocate (Enrolment No.MS3907/2011), aged about 49 years, residing at No.2/3, Teeds Garden, VII Street, Perambur, Sembium, Chennai – 11. The report further stated that the CB-CID has registered a case against Santhana Krishnan in Cr. No.13 of 2021 for the offences under Sections 228, 292(2)(a) and 294(a) IPC and Section 67-A of the Information Technology Act, 2008.

2.4 On the same day, the learned Public Prosecutor brought to the notice of this Court that the Bar Council of Tamil Nadu and Puducherry has placed Santhana Krishnan under suspension on 21.12.2021 for his indecent behaviour, pending disposal of the disciplinary proceedings against him.

2.5 Since the report of the CB-CID disclosed the identity of the male, we issued statutory notice on 23.12.2021 to Santhana Krishnan returnable by 20.01.2022.

2.6 The CB-CID identified the lady in the impugned video clipping (whom we will refer to as “X” in order to protect her privacy) and had her statement recorded under Section 164 Cr.P.C. by the XI Metropolitan Magistrate, Saidapet, Chennai on 28.12.2021.

2.7 Pursuant thereto, the CB-CID altered the offences in the FIR to Sections 228, 292(2)(a), 294(a) and 354-A IPC, Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 and Section 67-A of the Information Technology Act, 2008. Santhana Krishnan was then placed under arrest on 08.01.2022 and released on station bail due to pandemic situation and his ill-health. Subsequently, on 21.01.2022, he was arrested again and remanded in judicial custody.

2.8 However, when the matter was listed on 25.01.2022, the CBCID filed a status report dated 24.01.2022, inter alia, stating that Santhana Krishnan was placed under arrest on 21.01.2022 and enquiries conducted with “X” and her mother “Y” revealed the following facts.

“18 It is submitted that, during course of investigation it came to know “X” family shifted their residence. On enquiry the victim “X” stated that she was subjected to physical and sexual exploitation several times by accused R.D. Santhana Krishnan. F