Court in Kerala imprisons man for 3 days due to allegations of judicial influence by Sangh Parivar group
The Kerala High Court has sentenced PK Suresh Kumar to three days' simple imprisonment and a fine of ₹2,000 for criminal contempt of court due to defamatory Facebook posts targeting High Court judges. The case, titled Suo Motu v. PK Suresh Kumar (Cont. Case (Crl) 3 of 2024), was initiated suo motu by the court and the judgment was delivered by Justice Raja Vijayaraghavan V and Justice Jobin Sebastian.
In the judgment, the court found that Kumar published a series of Facebook posts containing contemptuous and intemperate remarks that deliberately scandalized the judiciary and lowered its institutional integrity by accusing judges of judicial dishonesty and improper motives. Specifically, the posts alleged that judges rendered decisions influenced by the Sangh Parivar, a political-cultural organization.
The court emphasized that these posts were intended to undermine public confidence in the independence, impartiality, and integrity of the judiciary. Such allegations could harm litigants' trust and impair judges in discharging their constitutional duties.
This was not Kumar's first contempt proceeding. He was earlier discharged after tendering an unconditional apology, which he later admitted was a tactical move to avoid punishment. Despite this, he resumed publishing similar inflammatory content in March 2024.
The court held that the content was reckless, libellous, and intentionally interfering with the administration of justice. These actions were "calculated to undermine the integrity and dignity of the court."
The court reaffirmed that derogatory and malicious criticism aimed at vilifying the judiciary as an institution is unacceptable and violates the law on criminal contempt designed to preserve the dignity and authority of the courts. It also cited the principle that while courts tolerate fair and reasoned criticism, statements made with the intent to scandalize and diminish judicial authority that affect public confidence cross the threshold into contempt.
The court did not accept Kumar's defense that others had access to his Facebook account. It relied on multiple Supreme Court precedents to emphasize that while judges are open to criticism, imputations of bias or corrupt motives cross the line into criminal contempt.
In another post, Kumar referred to the oral observations of Justice Devan Ramachandran as 'verbal diarrhea'. In one of his posts, Kumar alleged that a judge on the Devaswom Bench, particularly Justice Anil K Narendran, was acting under the influence of 'Sangh Parivar' factions.
PK Suresh Kumar pleaded for leniency due to having a wife and two children. However, the court did not suspend the sentence, citing the seriousness of the allegations and the repeated offense. The Court's judgment in the case can be read.
Advocate Dheerendra Krishnan KK was appointed by the Court as the prosecutor in the case. The sentencing marks a clear precedent reinforcing judicial dignity against defamatory social media posts by individuals.
The defamatory Facebook posts published by PK Suresh Kumar, aimed at undermining the judiciary's integrity by accusing judges of being influenced by political organizations, constitute criminal contempt of court under the law. Given his previous contempt proceeding and resumption of publishing similar inflammatory content, the court found the repeated offense to be reckless and intentionally interfering with the administration of justice.
