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Synopsis

The Kerala High Court has recently ordered KM Shajahan, the ex-private secretary of the former Chief Minister VS Achuthanandan, to publish an apology video on his YouTube channel for having committed contempt of court.

Shajahan had made objectionable comments against judges of the high court in a video on YouTube.

The bench of Justice PB Suresh Kumar and Justice CS Sudha permitted Shajahan to file an unconditional apology, expressing regret for having streamed the objectionable video.

Shajahan had submitted before the court that he was ready to file an unconditional apology.

The division bench directed that Shajahan shall stream a video expressing regret for having streamed the objectionable video, after admitting that he has committed contempt, in tune with the provision contained in Rule 14(a) of the Rules.

The court had initiated the suo motu matter upon finding the allegations leveled by Shajahan against the judges of the high court to be scandalous and contemptuous toward the judiciary.

Shajahan on his YouTube channel called "Prathipaksham" had uploaded a video against the high court judges, specifically regarding an advocate accepting bribes from clients to influence judicial outcomes. 

In the suo motu matter, pursuant to the notice, Shajahan filed a reply and appeared before the high court on June 5. The high court, on that day, allowed Shajahan to file an unconditional apology and posted the case for hearing on June 6.

However, on June 6, he did not appear but filed an affidavit and the matter got adjourned to June 8. 

On June 8, court examined Shajahan's affidavit. Court noted that in the affidavit, Shahjahan had not admitted that he had committed contempt of court. Court underscored, 

"Instead, what is stated by him in the affidavit is that this Court has informed him that his conduct would amount to contempt of court and that he has also admitted before this Court that he has exceeded the bench mark limit of fair criticism in his video at two places and attempted to justify his conduct in streaming the video pointing out that the same was intended to expose a patently erroneous judicial order."

Taking note of the same, the court held that it was unable to accept Shahjahan's affidavit as an affidavit in accordance with Rule 14(a) of the Rules.

Since, during the course of the hearing, Shahjahan informed the court that he was ready to file an unconditional apology, court permitted him to do so. 

Court scheduled Shajahan's presence for the next hearing on June 15, 2023, while directing him to also furnish, before the next posting date, the particulars of the link of the video agreed by him to be streamed on his Youtube channel together with a copy of the same in an electronic device.

Case Title: SUO MOTU CONTEMPT CASE v. SRI.K.M.SHAJAHAN