Contempt Case: Kerala High Court Grants Bail to 'V4 Kochi' President Nipun Cherian

The Kerala High on Monday granted bail to 'V4 Kochi' President Nipun Cherian, in connection with his arrest in the contempt case initiated against him for his statements against a sitting judge of the High Court.

In its order dated February 21,2023, a Division Bench comprising of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. had directed the issuance of a non-bailable warrant to the District Police Chief, Ernakulam, for the arrest and production of Cherian due to the willful and continued absence of Cherian before the court in the contempt matter.

Cherian was produced before court on Monday by police authorities. On enquiry by the court, Cherian filed an affidavit undertaking that he would not default in appearing before the Court on the days of trial. He further undertook to not insist on being accompanied by his party workers into the court premises. He also undertook that he would not give press conferences regarding the contempt case against him or regarding any judge or official of the court while contempt proceedings were pending against him.

The court granted Cherian bail, by treating his affidavit as a self-bond for his attendance in the case as and when required, on the following conditions:

i) He shall appear before this Court on all days when the case is posted, unless otherwise exempted by this Court, and shall not cause any disturbance in the premises of this Court, either by himself or through his party workers and others.

(i) Should he require the assistance of any person while conducting his case before this Court, he shall seek permission of this Court to do so and shall avail such assistance only after obtaining such permission.

(ii) He shall refrain from holding any agitation, demonstration, protest, press conference etc. and/or issuing statements with regard to the conduct of any Judge or other Officer/staff of this Court particularly with regard to the subject matter of this Contempt of Court Case, on any platform, private or public, including the print, electronic and social media, during the pendency of these proceedings.

(iii) If the respondent contemnor defaults on any of the above conditions, the bail granted to him by this order will be recalled/cancelled without any further notice to him.

Cherian had submitted before court that he had been handcuffed while being taken to the Ernakulam General Hospital for a medical check up after his arrest. The court sought for a report from the Assistant Commissioner of Police, Mattancherry in this regard.

The Assistant Commissioner of Police submitted that Cherian being the leader of a political party, it was apprehended that his party workers would interrupt their path. “It was apprehended that there might be some untoward incident because of the involvement of the followers of the respondent. Accordingly so as to ensure his security and to prevent any untoward incidents that might be caused by his followers, he was handcuffed”, the report of the ACP stated.

The report also stated that “the apprehension of the police officers who accompanied the respondent came to be true later, when they reached Thoppumpady, his supporters gathered there and Nipun Cherian started shouting slogans.”

The court accepted the explanation of the ACP with regard to the handcuffing of Cherian:

“Going by our own experience while interacting with the respondent contemnor, and noticing his demeanour during the course of these proceedings, we are inclined to accept the explanation offered by the Assistant Commissioner of Police, Mattancherry, as regards the circumstances that led to the handcuffing of the respondent contemnor during the course of his transportation to the General Hospital, after arrest” the court recorded.

The contempt case pertains to a speech made by Cherian before farmers, fishermen, and representatives of the local people of Chellanam where he had levelled 'allegations of corruption' against a sitting judge of the High Court. The speech was live streamed and uploaded in the Facebook page of 'V4 Kochi' on October 25, 2022

Case Title: Suo Motu v. Nipun Cherian

Click here to read/download the order