Kerala High Court Closes Contempt Proceedings Against K. Sudhakaran Following Unconditional Apology Under Contempt of Courts Act

The Kerala High Court has officially closed criminal contempt proceedings against Member of Parliament K. Sudhakaran, following his filing of an unconditional apology for disparaging remarks made against a division bench of the Court. The decision was rendered on July 8, 2026, by a Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K. V. Jayakumar.

The Spark of Contention The proceedings originated from remarks made by the respondent on August 3, 2019, concerning a judgment delivered in W.A. No. 628 of 2018. The case involved a legal challenge regarding the investigation of the murder of Youth Congress worker Shuhaib, who was hacked to death on February 12, 2018. While a single bench had previously directed a CBI inquiry into the killing, the Division Bench set aside that order—a decision upheld by the Supreme Court.

During an extempore speech following the High Court’s adverse order on the CBI probe, Mr. Sudhakaran labeled the judgment as "മ്ലേച്ഛമായ വിധി" (denoting a disgraceful or abominable judgment). The petitioner, Janardhana Shenoy K., sought sanction from the Advocate General, alleging that the language used by the respondent was scandalizing and cast aspersions on the judiciary, thereby undermining the dignity and authority of the Court.

Legal Path and Arguments Following the grant of sanction by the Advocate General, the High Court issued notice to Mr. Sudhakaran in February 2024. As the matter progressed, the respondent’s legal team submitted that the comments were made in a moment of intense emotional distress and political frustration, and were never intended to malign the impartiality or integrity of the learned Judges.

In a formal affidavit presented before the court, Mr. Sudhakaran stated:

"Up on reflection, I realize that the words used by me may have been inappropriate. I sincerely regret the same and unconditionally withdraw any such statement. I tender my sincere, unconditional, and unqualified apology to this Hon'ble Court."

Key Observations The judgment emphasized the role of the Contempt of Courts (High Court of Kerala) Rules, 1988 in handling such instances. The Court noted:

  • "The respondent sincerely regrets having made such a statement in the course of his extempore speech and that he never intended to defame, malign, or cast any aspersion on the integrity, impartiality, dignity or authority of this Court."
  • "After hearing the respondent and the learned counsel, we are satisfied that the apology tendered by the respondent is bona fide and genuine and is in consonance with the requirements of Rule 14(a) of the Contempt of Courts ( High Court of Kerala ) Rules, 1988."
  • "We accept the unconditional apology tendered by the respondent, and he is discharged."

Judicial Conclusion Applying Rule 14(a), which grants the Court discretion in cases where a respondent admits to contempt and offers an unconditional apology, the Bench determined that no further action was warranted. By accepting the contrition expressed by the respondent, the Court resolved the matter, effectively discharging Mr. Sudhakaran from the case. The closure of these proceedings reaffirms the Court’s willingness to prioritize genuine expressions of regret while maintaining the sanctity of judicial institutional processes.