IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 19.06.2024 Pronounced on 03.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Suo Motu Criminal Cont.P.No.2273 of 2015 High Court of Madras, Madras – 600 104. ...Petitioner Vs.

S.Milton, Advocate, Secretary, P.R.P.C., Chennai Branch, 50, I Floor, Armenian Street, Parry's Corner, Chennai – 600 001. ...Respondent PRAYER: Suo Motu Criminal Contempt Proceedings initiated against the Contemnor herein as per the order made in R.O.C.No.4738/2015-RG, dated

08.09.2015.

For Petitioner : Mr.V.Vijayashankar For Respondent : Mr.N.G.R.Prasad for Mr.S.Milton

ORDER

M.S.RAMESH,J.

Heard Mr.V.Vijayashankar, learned counsel for the petitioner and Mr.N.G.R.Prasad, learned counsel appearing for the respondent/contemnor.

2. The contemnor is a young Lawyer, who had printed and circulated a pamphlet containing 8 pages in Tamil language, in which he had made derogatory comments about the very functioning of the Madras High Court in general, apart from other defamatory statements against five Hon'ble Judges of the Madras High Court. The suo motu cognizance of the contents of the pamphlet were taken note of and suo motu contempt proceedings were ordered to be initiated, pursuant to the orders of the Hon'ble Chief Justice, dated 08.09.2015 against Mr.S.Milton, who is the Secretary of the Madras Branch of People Rights Protection Centre (PRPC), Tamil Nadu. Accordingly, this Contempt Petition came to be listed before this Bench. After few hearings, when the contempt was listed on 16.04.2024, we had served copies of the Contempt Petition on the learned counsel for the contemnor and sought for his reply. In response, the contemnor had filed an affidavit before us on 19.06.2024, rendering his unconditional apology.

Some of the sworn statements made in this regard are as follows:-

"5.I state that I do not justify my statements in the pamphlet. I now realise that while the issue of how the anti-liquor movement was handled by the state was questionable, the manner in which I ought to have raised the issues for public discussion ought to have been in appropriate language and communicated in a manner in which it did not make unwarranted charges against judges of this Hon'ble Court, amongst others. I now realise that I should have used more appropriate language to encourage thoughtful dialogue rather than lash out in intemperate language. In hindsight, I have come to realise that being reactive and using harsh language doesn't encourage dialogue, discussion and resolution of issues.

6. I sincerely apologize for the references and remarks I made against the Hon'ble Judges. Over the years, I have learned significantly from working with esteemed seniors, and fellow Bar members on various social and Bar-related issues. I have now realised the importance of maintaining dignity, decorum and civility in public communication and interactions. From this experience, now looking back at my actions which took place almost 10 years ago. I deeply regret my actions and unconditionally apologise for the same.

7. I state that I have the highest regard for the judiciary and the greatest respect for this great institution. I sincerely regret the intemperate language used and unconditionally apologise for the same. I state that it is 10 years since the incident and in the last 10 years I have acted with the utmost responsibility and discharged my professional duties as an office of the court to the best of my ability.

For the reasons stated above, I humbly pray that this Hon'ble Court make take my affidavit on file and accept my unconditional apology and drop the contempt proceedings against me and pass such further or other orders as it deems fit and proper under the circumstances, and thus render justice."

3. We have perused the pamphlet in detail. The contemnor has not only undermined the entire judicial system as such, but has named five Hon'ble Judges of this Court and made derogatory remarks