Kerala HC Closes Contempt Proceedings Against Malayalam Daily Kerala Kaumudi

Kerala HC Closes Contempt Proceedings Against Malayalam Daily Kerala Kaumudi 1/19/2009 The Kerala High Court decided to drop suo motu contempt proceedings initiated against Malayalam daily Kerala Kaumudi. The proceedings were initiated by the Court alleging that a front page editorial published in the daily on December 18 tends to obstruct the administration of justice. A Division Bench of Justices K Balakrishnan Nair and K Surendra Mohan closed the proceedings against the daily on the grounds that Section 15 of the Contempt of Court Act authorises only the High Court and not the Chief Justice to take action. In this case, the matter was not placed before the full court for its approval for initiating contempt proceedings. The proceedings taken for placing the matter for preliminary hearing was ultra vires of Section 15 of the Contempt of Court Act, the Bench observed while closing the proceedings against the daily. However, the Court made it clear that this judgement would not affect the power of full court to decide and take action in the matter. The editorial pertained to the conduct of a judge while granting bail to Catholic priests Fr Thomas Kottur and Fr Jose Poothrikkayil and nun Sr Sephi, accused in the Sr Abhaya murder case. UNI

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