Alok Singh
On 16th July 2025, the Kerala High Court sentenced a man to 3 days in a suo-moto contempt proceeding. The Court initiated the proceeding under Section 15 of the Contempt of Courts Act, 1971.
The matter was before the bench comprising Justice Raja Vijayaraghavan and Justice Jobin Sebastian. They sentenced him because he had published an intemperate remark about the judges of the court on social media platforms. The instant sentencing was ordered regarding his post, which was intended to scandalise the Court’s reputation and undermine its authority.
During the pendency of the proceeding, his apology under Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules 1988 was accepted, and he was discharged accordingly. However, he soon resumed posting similar derogatory posts. He openly alleged that Judges comprising the Devaswom (give context)Bench were functioning under the influence of the “Sangh Parivar” and other external agencies. In another post, he alleged that external political and communal forces were influencing the judicial outcomes.
The Court found that all the posts and remarks were not criticism, rather a scandalous, baseless, and calculated attempt to undermine public confidence in the judiciary. It also notes that the respondent initially admitted authorship in affidavits, but later denied it in oral evidence, showing a prevaricating and dishonest defence.
Additionally, the Court upheld the validity of digital evidence (such as Facebook posts and the 65B certificate), based on precedents such as Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal [(2020) 7 SCC 1].
Further, the Court emphasised that free speech does not permit malicious attacks on judicial integrity. It accepted that though truth is a defence under Section 13 of the Contempt of Courts Act, it only applies if bona fide and in public interest, which was not in the instant case.
Finally, the Court rejected the respondent’s plea for suspension of sentence, considering his repeated misconduct and lack of remorse. Finally, found guilty of criminal contempt under Section 2(c) read with Section 12 of the Contempt of Courts Act, 1971. It also sentenced him to 3 days’ simple imprisonment with a ₹2,000 fine, which is payable to Kerala State Legal Services Authority.
Click here to access the order.
Case Name: Suo Motu v. P.K. Suresh Kumar
Case Citation: 2025:KER:52378
Bench: Justice Raja Vijayaraghavan and Justice Jobin Sebastian
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