Kerala High Court issues non-bailable warrant to arrest, produce V4 Kochi President Nipun Cherian in contempt of court case

The Kerala High Court on Tuesday directed the issuance of non-bailable warrant to the District Police Chief, Ernakulam for the arrest and production of Nipun Cherian, President of the political organisation V4 Kochi, in connection with a contempt of court case [Suo Motu Contempt Criminal v Nipun Cherian]..The Court had initiated a suo motu contempt case against Cherian over a Facebook Post on the V4 Kochi page that levelled corruption allegations against a High Court Judge..A division bench of Justices AK Jayashankaran Nambiar and Mohammad Nias CP resorted to issuing a non-bailable warrant against Cherian as he failed to appear before the Court despite its directions.The bench said that it is not passing the order with a sense of pride but with a feeling of annoyance and with a hope that it will seldom be constrained to pass such orders."While cautioning the respondent contemnor in this case, as also his colleagues and followers, against any ill-advised action during the pursuit of litigation, 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 of 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 Court said in its order..On February 8, the court had directed Cherian to compulsorily appear before the Court after noting that he had not appeared despite the Court’s earlier direction to be present.When the court enquired with the registry about his absence on the same day, the Court was informed that Cherian had come to the High Court but did not appear before the bench as the security officer did not allow his fellow party members to accompany him inside the Court.Thereafter, the bench proceeded to order that Cherian be personally present before the Court at 10.15 a.m. on Tuesday failing which the Court would be “constrained to enforce his presence.""Sri. Nipun Cherian will do well to appreciate and understand that he is an accused facing trial in a very serious case of Criminal Contempt, and his absence on any of the dates fixed for trial before this Court will not be taken lightly by this Court. As an accused facing trial, Sri. Nipun Cherian does not have any right, either moral or legal, to direct the manner in which the trial has to be conducted. He cannot also choose the time and date of his appearance before this Court and the companions or the coterie that must accompany him on those occasions," the Court's order on February 8 stated.Since Cherian didn't appear on Tuesday either, the Court directed the police to issue non-bailable warrant for his arrest and production..[Read Order]