Contempt case: Appeal filed by KU syndicate member not maintainable, rules Kerala high court
A division bench of Justices Anil K Narendran and S Muralee Krishna, on Monday, upheld the decision of the high court Registry, which had earlier declined to number the appeal, citing defects in maintainability.
During hearing, the counsel appearing for HC submitted that, for an appeal to lie under Section 19(1) of the Contempt of Courts Act, the impugned order must be linked to an order awarding punishment for contempt.
Senior counsel appearing for Rajesh, however, contended that the single bench could not have directly proceeded to frame charges, as done in the present case, and could only have directed that the matter be placed before the appropriate bench.
After considering the submissions, the bench held that the appeal is not maintainable and observed that the defect pointed out by the registry stands sustained.
Previously, the single bench had directed HC registry to issue notice to Rajesh, requiring him to appear in the contempt proceedings on July 23.
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The single bench had also directed that the matter be placed before the appropriate bench, as per the directions of the Chief Justice. This prompted Rajesh to file the present appeal.
The alleged Facebook post, made in connection with the litigation concerning the suspension of the Kerala University registrar, stated: "It is the goddess of justice who sits in the high court, not a woman holding a saffron flag." The single bench had observed that the remarks prima facie amounted to interference with the administration of justice and scandalising the court, and consequently initiated contempt proceedings against him.
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