Kochi, Feb 24 A division bench of the Kerala High Court on Friday stated that Judges resort to contempt of court cases only when comments from the public go beyond personal attacks and take on a colour that could tarnish the image of the entire judiciary.
The court made the observation while considering a contempt of court case it had initiated against the president of the political organisation V4Kochi, Nipun Cherian, for his remarks against a sitting judge of the High Court on the V4Kochi Facebook page.
Despite being summoned repeatedly, Cherian never showed up in court leading to the issuance of a non-bailable warrant against him earlier this week.
Cherian, however, reached the gates of the High Court once but refused to enter, stating that his fellow V4Kochi members should also be allowed inside along with him.
It was the division bench of Justices A.K. Jayasankaran Nambiar and C.P.Mohammed Nias that said, "Our citizenry must realize that Judges in this country work under enormous pressure owing to the mounting pendency of cases in our courts, and the infrastructural and other constraints that affect the justice delivery system.
Despite that, and on account of their discipline and training as judicial officers, they do not react to uncharitable, and often unjustified, comments from the public about their judicial performance. Their restraint stems from the nobility that they possess", the bench observed.
"It is only when confronted with comments or remarks that go well beyond personal attacks, and have the propensity to defame or lower the esteem of the judicial institution itself, that they respond swiftly with the only weapon in their judicial armoury - the proceedings for contempt of court," the order stated.
And making a strong observation of Cherian's actions, the Court said, "Such conduct on the part of litigants entering the premises of this hallowed institution, and especially from one who is already facing trial for criminal contempt of this Court, is wholly unacceptable and will not be countenanced under any circumstances.
The courts in our country are overly burdened with litigation and its Judges do not have the time to pander to such idiosyncratic behaviour of litigants".
The case will now be heard on Tuesday.
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