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Kerala High Court: Contempt Cases Can Proceed Without Judge’s Nod

The Kerala High Court recently held that it can initiate suo motu contempt proceedings even if the judge or court that witnessed the contempt does not act. This ruling came while upholding a contempt case against advocate Yeshwanth Shenoy, President of the Kerala High Court Advocates’ Association, initiated in 2023. Justices Anil K Narendran and G Girish emphasized that contempt proceedings aim to uphold the justice system’s integrity, not to protect individual judges.

The case began after retired Justice Mary Joseph wrote to the Chief Justice about Shenoy’s conduct, leading to a Division Bench issuing a notice to Shenoy. Shenoy requested the case be dropped, citing procedural violations, including that Justice Joseph should have initiated the proceedings under Section 14 of the Contempt of Courts Act. However, the Court agreed with Senior Advocate S Sreekumar that the High Court could still proceed suo motu under Article 215 of the Constitution.

The Court dismissed most of Shenoy’s procedural objections but left open the issue of Justice Joseph’s letter not being initially included in the case materials. The Court decided this required further consideration and scheduled the next hearing for June 10.