Registrar suspension case: Kerala High Court slams ex-MLA for FB post alleging Sangh inclination of judge

The Kerala High Court on Monday slammed former Communist Party of India (Marxist) [CPI(M)] Member of Legislative Assembly (MLA) R Rajesh for a recent facebook post in which he questioned the Court's handling of university related matters.

In his post dated July 5, Rajesh had alleged that the bench handling university cases has judges with leaning towards the Sangh parivar, a phrase to the network of organizations affiliated with Hindutva body Rashtriya Swayamsevak Sangh (RSS).

Justice DK Singh, who currently presides over the bench, took umbrage to the fact that Rajesh had maligned his reputation and that of the judicial institution in this manner.

The judge said that he would be framing criminal contempt of court charges against Rajesh later today.

"The person who has written the Facebook post will face the consequences. He is a litigant before this Court. Judgment has been reserved on his writ petition. And he has guts to write a Facebook post against me. He can't get away with this. I am framing suo motu charges for criminal contempt," Justice Singh said.

Justice Singh also remarked that Rajesh has a pending case before the Court in which judgment has been reserved. The judge said that his post, which has now been circulated widely, seems to be an attempt to put pressure on the Bench.

"Disparaging the reputation of the judge, lowering the prestige of the institution. Today, I am framing contempt charges. He is a litigant, judgment has been reserved so he wants to influence the judge? He wants to put pressure on me? Over my grave only he can put pressure on me. We are too lenient", he said.

Justice Singh strongly asserted that he has never cowered in front of such persons even when he was posted at his parent court, the Allahabad High Court.

"I am not deterred by anyone. I am not one of those who can be put under pressure. I have not become judge to be cowed down or to be pressurised. Tell him that only over my dead body he can put pressure on me howsoever good he may be. I put many persons in the right place in Uttar Pradesh," he said.

The developments took place when the Court was considering a petition moved by Kerala University Registrar Dr. KS Anil Kumar challenging his suspension from service following the recent controversy over his opposition to the use of Bharat Mata portrait with a saffron flag at an event involving Kerala Governor Rajendra Arlekar.

Today, Dr. Kumar's counsel informed the Court that the Registrar has been reinstated by the syndicate of the university. He, therefore, sought permission to withdraw the petition which the Court duly granted.

The issue stemmed from a tussle between the State government and the Governor over the former's use of Bharat Mata portrait with saffron flag for official events, which the State and its ministers have opposed citing the religious symbolism involved.

Dr. Kumar got involved in the controversy after he issued a notice cancelling an event that featured the display of a controversial Bharat Mata portrait at the University Senate Hall.

The notice was issued after the event had commenced with the Kerala Governor on stage. The act was viewed as disrespectful to the Governor, who is also the Chancellor of the University.

Dr. Kumar was later suspended by the Vice Chancellor. Kumar then moved the High Court challenging his suspension arguing that he decided to issue the notice to avoid any student clashes over the display of the religious photograph at the hall.

Dr. Kumar maintained that he had issued the notice cancelling the event before the Governor arrived for the event.

Dr. Kumar was reinstated by the syndicate on Sunday July 6 despite opposition from Vice Chancellor in-charge Ciza Thomas.

Senior counsel Elvin Peter PJ appeared for Dr. Kumar.

Kerala University was represented by standing counsel Thomas Abraham.