Supreme Court seeks Kerala High Court response in V4 Kochi President contempt case; objects to his conduct

The Supreme Court on Monday sought the response of the Kerala High Court to a plea by V4 Kochi president, Nipun Cherian who has challenged his conviction for contempt of court as well as a four-month jail sentence for comments made against a judge on Facebook. [Nipun Cherian vs Honourable High Court of Kerala].A bench of Justices AS Bopanna and MM Sundresh also took objection to Cherian's conduct before the High Court, terming the same 'reprehensible'.The counsel for the High Court pointed out that his account was even posting remarks on the ongoing proceedings."In the next post, the tirades shall be against us and not the High Court", Justice Sundresh orally remarked.The counsel for Cherian replied that these posts were not made by him nor could they be made by him personally since he is in judicial custody.The matter will be taken up next after two weeks..In July, the Kerala High Court had held Cherian guilty of criminal contempt of court in a suo motu case initiated by the Court over certain comments made on the Facebook page of V4 Kochi, a political organisation-cum-movement based out of Kochi..The High Court had underscored that while fair criticism of courts is acceptable, it cannot remain a mute spectator when an impression is created in the minds of the public that judges of the highest court in the State act on extraneous considerations while deciding cases.The judges found that the entire evidence relied on by Cherian to defend his statements was hearsay.Further, Cherian's conduct during the contempt case proceedings was also found to be arrogant by the Court, which opined that he had deserved no leniency.Therefore, it sentenced Cherian to four months in jail apart from a ₹2,000 fine..This ruling was challenged before the Supreme Court in an appeal filed through advocate Sriram Parakkat.Cherian contended it was within his legal rights to criticise irregularities and corruption against a judge in control of an agricultural authority. The criticisim was reasoned and in good faith, he asserted..Advocates Sriram Parakkat, Vishnu Shankar, Aditya Santosh, Noopur Dubey, Neha Kumari, and Athira Nair represented Cherian.Senior Advocate R Basant with advocates TGN Nair and Sharath S Janardanan appeared for the Kerala High Court..[Read order]