Contempt Case: Kerala High Court Directs Issuance Of Non-Bailable Warrant For Arrest Of 'V4 Kochi' President Nipun Cherian

The Kerala High Court on Tuesday directed the issuance of a non-bailable warrant to the District Police Chief, Ernakulam, for the arrest and production of 'V4 Kochi' President Nipun Cherian, against whom a contempt case has been initiated by the court for his statements against a sitting judge of Kerala High Court.  Cherian has been asked to be produced before the Court at 10.15 AM on 28.2.2023.

The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P.  observed that it was constrained to issue such an order of arrest due to the willful and continued absence of Mr. Cherian before it. The court had it in its order dated 08.02.2023, given Cherian a stern warning insisting on his presence before the court in the contempt matter. In this regard, the court today stated:

“we might also clarify that it is not with any sense of pride or megalomania, but with a heavy heart and a feeling of exasperation, that we have ordered for the arrest and production the respondent contemnor before this Court on the next date of hearing. We do hope that the occasions will be rare, where we are constrained to pass such orders”.

The matter pertains to a speech made by Cherian before the farmers, fishermen, and representatives of the local people of Chellanam where he had levelled 'allegations of corruption' against Justice N. Nagaresh of the high court. The speech was live streamed and uploaded in the Facebook page of 'V4 Kochi' on October 25, 2022. The court observed today that:

“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. 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.”

During the last date of hearing on 08.02.2023, the Registrar General had informed the court that Cherian had arrived at the High Court premises the day of the hearing and had insisted on entering the building with some of his party colleagues. He was informed by the Security Officer of the High Court that due to security reasons, it would not be possible to allow his party colleagues to enter. However he was assured by the Security Officer that if he apprehended any danger to his person while in the court premises, he would be provided necessary protection, by the security personnel from the court. Despite this assurance, Cherian left without entering appearance in court on 08.02.2023, the court noted. The court referred to reports from the registry that confirmed that Cherian had repeatedly insisted on being accompanied by his party colleagues for court hearings and when denied permission, would engage in heated arguments with the security staff and members of the Registry. In this regard court today observed that:

“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 High Court had initiated suo motu contempt proceedings against Cherian in November 2022, stating that the speech made by him "is contumacious, and made with an intention to tarnish the integrity of the Honourable Judge". The court had stated that Cherian's speech amounted to scandalizing the authority of the Court, and interfered in the due course of judicial proceedings, as well as lowered the authority of the Court amongst the general public.

While expressing displeasure at the conduct of Cherian, facing trial for contempt of court, the court also observed today that:

“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. Even on such occasions, their efforts are directed solely at preserving the majesty of the judicial institution and ensuring that the misconceived actions of some do not destroy the faith of the majority in an institution that has for long remained the last bastion of hope against rights infringement for our citizens.”

The Case has been posted for further consideration on February 28, 2023. 

Case Title: Suo Motu v. Nipun Cherian

Click here to read/download the order