N.S.Sajith
The issue of Contempt of Court often comes to the dais where the legal eagles attend and this issue rarely comes to the common people. Those who acquainted with the history of Kerala know the sharpness of the sword of contempt of court as the first Chief Minister of Kerala and legendary Communist E M Sankaran Namboodirippad himself was a victim of the act. The sole crime he had done was, in a press conference held in November, 1967, he said that Indian Judiciary has certain class interests. Citing the Marxian approach on the Judiciary he said that Judiciary is ideological state apparatus to suppress the people.
Kerala High Court had imposed a fine of Rs. 1000 or one month imprisonment on EMS and further the full bench of Supreme Court upheld that verdict and reduced the fine to Rs. 50 or one week imprisonment. The Supreme Court full bench comprised of Justice M Hidayathulla, Justice Mithal and Justice Ray observed that his statements were clearly “an attack on the judges calculated to raise a sense of disrespect and distrust to judicial decision and it had the tendency to weaken the authority of law and law courts”
After a long 44 years a new verdict passed by the same High Court once again reopened the debates regarding the limits of the Judiciary’s authority to use the sword of Contempt of Court provisions against the citizens who criticize the Honorable Court and its honorable verdicts. The verdict was nothing but to send CPIM Kerala State Committee member and former MLA M V Jayarajan to Jail for his remarks against the High court verdict which banned the street corner meetings. On November 8th a Division Bench comprising Justice V Ramkumar and Justice P Q Barkat Ali imposed six year imprisonment and charged a fine of Rs. 2000 on M V Jayarajan under the section 12th of Contempt of Court Law. Court had also rejected Jayarajan’s attempt to file an appeal to freeze the verdict.
This verdict caused a wide ranging protest across the state and severe criticism from various corners. People in large numbers gathered in the National Highway from Kochi to Thiruvananthapuram while police bringing Jayarajan. The entrance of Central jail in Pujappura in Thiruvananthapuram also witnessed an unprecedented context of the June 23, 2010 verdict of a High Court division bench prohibiting meetings and public programs on the waysides, which was definite to infuriate parties in Kerala. Even the BJP opined that there is element of vengeance behind the act of the High Court.
Reacting to the court order, Jayarajan said in Kannur on June 26, 2010, “Some nincompoops (Shumbhanmar in Malayalam), sitting in adjudicator’s seats, are creating laws instead of doing their actual job of interpreting them…. We are now in a situation where a verdict of two judges is not even given the worth of grass by the people of Kerala.”
The court had taken a suo moto case and completed the trial with a seemingly exceptional haste and prejudiced manner. During a trial the court had asked a witness these questions: “Are you afraid of CPIM? Are you afraid of Jayarajan?”
The interesting aspect of this verdict is that it came in a period of overwhelming demand for a blanket scrap of Contempt of Court provision or limiting its usage to situation of extreme inevitability. Former Supreme Court Judge and Press Council Chairman Justice Markandeya Katju, has the view that there is no need of punishment needed for the criticism against the judges. While delivering a speech in the premises of Supreme Court in the capacity of Supreme Court Judge on the subject “Is Contempt of Court inevitable” he strongly argued for a need for a fresh look to the Contempt of Court law. In his speech he said:
“We may now come back again to the central point in this paper. I submit that the law of contempt of court can be made certain once it is accepted that the purpose of the contempt power is not to vindicate or uphold the majesty and dignity of the court (for it is automatically vindicated and upheld by the proper conduct of the Judge, not by threats of using the contempt power) but only to enable the court to function. The contempt power should only be used in a rare and very exceptional situation where without using it, it becomes impossible or extremely difficult for the court to function. In such rare and exceptional situations, too, the contempt power should not be used if the mere threat to use it suffices.”
Former Supreme Court Judge Justice Ruma Pal also aired similar views. While delivering V M Tarkunde Memorial Lecture in New Delhi on November 11 she said Judiciary is in the clutches of many sins like hypocrisy, secrecy and arrogance.
Lawyers in Kerala too sharply criticized the act of High court. Many eminent lawyers in the state opined that it is high time the courts – specifically judges – understood the changes that have occurred in the political system and society. They hold that courts are not above criticism like the other pillars of the Indian democratic system. In his appeal in Supreme Court against the High Court Judgment M V Jayarajan, cited the substandard usages like insect and venomous serpent to refer him used by the division bench in the judgment.
CPIM’s stand vindicated; Jayarajan gets Bail from SC
Thiruvananthapuram, 15 November 2011: CPIM state committee member M V Jayarajan who sentenced by the Kerala High Court for 6 months in a contempt of court case got bail from Supreme Court today. A bench comprising of H L Gokhale and R L Lodha accepted Jayarajan’s appeal and granted bail. Supreme Court has granted bail on a self bond of Rs.10000 and asked him to remit Rs. 2000.
CPIM has welcomed the high court order. State Secretary Pinarayi Vijayan said that Party’s stand on this case has been vindicated and the Supreme Court order will strengthen the Judiciary.
Supreme Court has snubbed the stand of High Court which denied Jayarajan to file an appeal against the judgment. The court also said that the High Court order that did not allow him to appeal was exceptional.
Jayarajan in his appeal had said that the High Court verdict was prejudiced and that he did not try to defame the judiciary. Supreme Court observed that the act of High Court was vengeful. The language of the Judgment should be fair. Detailed trial of the case will be held in Supreme Court in July 2012.
Jayarajan in his appeal had said that the High Court verdict was prejudiced and that he did not try to defame the judiciary. Supreme Court observed that the act of High Court was vengeful. The language of the Judgment should be fair. Detailed trial of the case will be held in Supreme Court in July 2012.
The division bench of the High Court on November 8th had held that by making the speech at Kannur last year, Jayarajan was ridiculing in public, performance of two high court judges and making "scurrilous, offensive, vicious and malicious onslaught on the higher judiciary that too beyond controllable limits."
The bench comprising justices V Ram Kumar and P Q Barkat Ali held Jayarajan, a former MLA from Kannur, guilty under sec 12 of the Contempt of Court Act and noted during the trial, he had gone to the press justifying his act, including using the word 'shumban' (a derogatory term which in local parlance means a useless person) against the judges.
Jayarajan's plea to suspend the sentence to enable him to file appeal in the Supreme Court was turned down by the court.
Jayarajan's plea to suspend the sentence to enable him to file appeal in the Supreme Court was turned down by the court.
Jayaraj comes out from Jail amid hurling red flags
Thiruvananthapuram, November 16, 2011: CPIM State committee member M.V. Jayarajan's has been released from Thiruvananthapuram Central Prison following a bail granted him by the Supreme Court. He was imprisoned by High Court in a Contempt of Court case. On Tuesday the Supreme Court granted him bail and criticized the High Court verdict. He was given a warm reception by the party workers in the premises of Prison. He also addressed a massive public meeting organized in Poojappura.
After completing the formalities, Jayarajan came out of the jail on 4.15 in the evening. High Court officials reached in the Central Prison on 3 o’ clock. Central Committee members P K Sreemathi and Vaikom Vishwan visited Jayarajan prior to the release. V Sivankutty MLA and K V Abdul Khader MLA along with party workers entered in to the jail to bring him and garlanded him near the prison gate. Thousands of CPIM workers gathered there raised slogans when Jayarajan came out.
In a public meeting in Poojappura, Jayarajan said that everyone is subject to criticism in a in democratic polity. People’s protest is being strengthened all over the world. Kerala Assembly had passed an act to uphold the right for public gathering in roadside. Oommen Chandy must show the courage to implement the act, he said.
M V Jayarajan was sentenced to six months' imprisonment for contempt of court by the Kerala High Court was brought to the Central Prison last week
