The Kerala Judicial Officers' Association (KJOA) has submitted a representation before the Kerala High Court raising serious concerns that there is a sustained and coordinated campaign to publicly vilify the Ernakulam Principal District and Sessions Court judge Honey M Varghese, after she delivered the verdict in the 2017 actress assault case.
The association has sought the High Court's urgent intervention to protect the dignity and independence of judiciary in the wake of the widespread media debates, social media commentary and public statements targeting the judge personally rather than engaging with the reasoning of the judgment
According to the association, soon after the verdict was pronounced by judge Varghese, a section of the media, public figures, and several other individuals launched personal attacks against the judge.
It was also alleged that certain Malayalam newspapers carried reports of the verdict on their front pages along with the judge's photograph, in violation of the Supreme Court's directions, while social media platforms were flooded with videos, posts and commentary suggesting improper motives and external influence in relation to the judge.
"The videos and articles circulated through platforms such as Google, Facebook, Instagram and YouTube, contains wild, defamatory, and scandalous imputations against a sitting Judicial Officer. Such materials are intended to erode public confidence in the judiciary by scandalising a Judge in the eyes of the public and amount to criminal contempt of court under Section 2(c) of the Contempt of Courts Act, 1971. Hon’ble High Court’s urgent intervention is therefore sought to protect the independence of the judiciary and to ensure adequate safeguards for Judicial Officers from such public vilification and scandalisation," the representation stated.
The association also drew attention to remarks allegedly made by certain advocates inside and outside the court premises and on television debates questioning the judge's integrity. The association has stated that such conduct is not only contemptuous but also violated the expected decorum from legal professionals.
Flagging the seriousness of the issue, it said that such actions went beyond criticism of a judgment and amounted to scandalising a judge in public.
"There is an unfortunate and growing trend in visual, print, and social media to personally attack judges whenever a judgment is pronounced. In recent days, this tendency has crossed all limits. Distorted versions of judgments are being circulated without even reading the actual text, and false allegations are being propagated against Judicial Officers. It is particularly painful that even certain lawyers are joining hands with such unscrupulous individuals, thereby undermining both the noble legal profession and the judicial system. Several previous incidents of this nature have already been brought before the Hon'ble High Court by the KJOA and individual officers on the administrative side," the association added.
The representation further pointed out that many media personalities, film industry figures and social media users made sweeping allegations against judge Varghese without even waiting for the full judgment to be made public.
Even the judge's personal background, family members and alleged political affiliations were dragged into the discourse, the association noted.
A major concern raised by the association was the live-streaming and wide circulation of videos on platforms such as Facebook and YouTube, where baseless and scandalous allegations, including claims that the judgment was prepared in consultation with the accused, were made against the judge.
The association noted that such broadcasts had caused irreparable damage to the reputation of a sitting Judicial Officer and the judiciary at large.
"We cannot remain silent spectators to such orchestrated actions. A Judge can act only on the evidence placed before the court and cannot deliver a verdict in accordance with baseless media narratives. Moreover, a judge has no forum to respond to such criticism, as a judge speaks solely through judgment. In this regard, the Association submits that the publication of the disparaging statements are calculated to interfere with the due course of justice or proper administration of law by the Court and amounts to criminal contempt," the association said.
In light of these developments, the association has requested the High Court to initiate appropriate contempt proceedings, to direct the removal of the defamatory content from social media and digital platforms and to put in place safeguards to protect judicial officers from targeted public attacks for their judicial decisions.