Genuine apologies in contempt cases may lead to discharge when compliance with court rules is established.

K.V. Jayakumar, J.

This Contempt proceeding has been initiated on the basis of the directions issued by a Bench of this Court, while passing judgment in WA No. 942 of 2024 dated 30.10.2025.

Brief facts

2. WP(C) No. 18665 of 2024 was filed before this Court in the name of Smt. Abhila Madhavan Nair as the petitioner. Smt. Abhila Madhavan Nair is the wife of the respondent, Sri. Shibu Mohan. The said writ petition was instituted by the respondent without her knowledge or consent. It was filed seeking to set aside the proceedings initiated by the passport authorities against the respondent. The passport of the respondent was impounded by the passport authority on the grounds that he had obtained a renewal of his passport by suppressing the pendency of a criminal case, Crime No. 1105/2022 registered under section 420 of the Indian Penal Code by Attingal Police Station.

3. The writ petition was dismissed by the Single Bench of this Court on 06.06.2024. Impugning the judgment of the learned Single Judge, WA No. 942 of 2024 was preferred by showing the name of Smt. Abhila Madhavan Nair as the appellant. On 22.08.2024, the Division Bench of this Court issued Annexure -A interim order permitting the respondent to return to India to facilitate an opportunity for him to approach the competent Magistrate Court to seek necessary permission to travel abroad and for the issuance of a No-Objection Certificate and deferred the impounding of his passport for a period of six weeks. Pursuant to the said interim order, the respondent came to India, appeared before the jurisdictional Magistrate, obtained permission of the learned Magistrate, and returned to Dubai.

4. On 15.10.2024, the appellant’s counsel sought permission from this Hon’ble Court to withdraw the writ appeal. At that time, the learned Senior Government Pleader submitted that Smt. Abhila Madhavan Nair had filed a complaint before the police and the passport authorities stating that the writ petition as well as the writ appeal had been filed without her knowledge or consent. The Division Bench has directed the Registry to submit a report regarding the complaint filed by Smt. Abhila Madhavan Nair, and sought an explanation from Adv. V.S. Nowshad on the authentication of the affidavit.

5. Sri. V. S. Nowshad submitted Annexure–C explanation, wherein it is stated that Smt. Abhila Madhavan Nair was not present before him at the time of affirming the affidavit. Thereafter, the Division Bench of this Court issued Annexure–D show cause notice to the respondent directing him to explain the alleged impersonation.

6. Subsequently, the Registrar (Judicial) conducted a formal enquiry and submitted a report. In the said report, it is stated that the writ petition as well as the writ appeal were filed without the knowledge or consent of Smt. Abhila Madhavan Nair. It is further reported that the Vakalat, affidavit, and connected papers were not signed by her; instead, the respondent had forged the signatures of his wife.

7. In the meantime, the respondent filed an Interlocutory Application seeking permission to return to Dubai. During the pendency of the said Interlocutory Application, he attempted to leave the country in violation of the interim order dated 09.12.2024. However, he was deboarded from the flight to Abu Dhabi on 22.08.2025, and the matter was reported to this Hon’ble Court by the Foreigners Regional Registration Officer.

8. On 30.10.2025, the Division Bench of this Hon’ble Court dismissed W.A. No. 942 of 2024, holding that the conduct of the respondent in filing the writ petition as well as the writ appeal in the name of his wife without her knowledge, and his attempt to leave the country without the permission of the Court and in violation of its order, constitute contemptuous a