On Monday, the Kerala High Court dismissed the suo motu criminal contempt complaint brought against Malayalam film director Baiju Kottarakkara for making disparaging comments about a trial court judge who is hearing the 2017 actor abduction and assault case during a news channel discussion. After Kottarakkara submitted an unqualified apology, the division bench of Justices A.K. Jayasankaran Nambiar and Mohammed Nias C. P. dismissed the case.
The movie director had already sworn in writing to the court that he would refrain from using the media to spread such disparaging remarks. He also extended a sincere apologies.The Court noted the incident and issued a warning to the defendant about future similar behaviour. On May 9, Kottakkara participated in a conversation hosted by the 24News channel and disparaged Principal District and Sessions Judge Honey M. Varghese, in front of whom the case involving the sexual assault and kidnapping of a female actor in the suburbs of Kochi is currently pending.
The judge had been accused of lying by the survivor, multiple advocates, and even a retired judge, and Kottarakara questioned why she had not withdrawn herself from hearing the case.When launching the contempt case against the director, the high court had noted that his comments had the potential to "scandalise and degrade the authority of the Court, thereby constituting criminal contempt of Court as defined under Section 2(c) of the Contempt of Courts Act, 1971."
"This Respondent now admits that the comments he made during the aforementioned Debate were inappropriate at any time, drawing unwanted attention to how the Court and related processes operate. This Respondent offers an unreserved remorse for the danger his statement in the aforementioned Debate caused "According to Kottarakkara's affidavit. The defendant in this case was defended by attorney B. Mohanlal. Suo Motu v. Baiju Kottarakkara is the case name.
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Author: Swetha Gunasekaran Advocate
