2/6/2017 CommunistPartyofIndia(Marxist)leader,MVJayarajangets4weeksimprisonmentforcommittingcontemptofCourt|LiveLaw

Communist Party of India (Marxist) leader, M V

Jayarajan gets 4 weeks imprisonment for
committing contempt of Court
BY: LIVE LAW NEWS NETWORK
JANUARY 31, 2015 2:03 PM

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Supreme Court, yesterday con rmed the conviction of a Communist Party of India
(Marxist) leader, M V Jayarajan, who was also a member of Kerala Legislative Assembly
for committing contempt of court, but reduced the maximum sentence of six months to
4 weeks imprisonment.

The contempt proceedings were initiated suo moto by the Kerala High Court on the
basis of the speech delivered by the political leader severely criticising the High Court
judgment which banned the holding of meetings on public roads and road margins in the
State. The speech was delivered on 26.6.2010 in a public meeting at Kannur, Kerala, to

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protest against the hike in petroleum prices. During the speech, Mr. M.V.Jayarajan made
reference to the Judgement which banned the holding of meeting on public roads and
road margins, and spoke as follows;

When the Court verdicts go against the country and the people, those verdicts have
only the value of grass. From now on, what worth do the judges who pronounced the
verdict have? Today disregarding the verdict of those Judges and outing their
judgments, people throughout the length and breadth of Kerala are organizing public
meetings and rallies. Why should those Judges sit in glass houses and pass verdicts any
more? If they have any self respect they should resign and step down from their of ce.
The judiciary can attain greatness only when judgments acceptable to the country and
obeyed by the people are passed. Today even the judiciary is ashamed. If the Executive
exceeds its limits the judiciary is there to save. Judges are to interpret the laws and
interpret the intention of the Legislature which had made the laws and pass orders
accordingly. Unfortunately, what some idiots (fools) occupying our seat of justice say is
nothing else. Actually speaking they themselves make laws and they 2themselves issue
orders. This is not conducive to a democratic country. This is what they should correct.
Today is the day on which the verdict of two senior Judges of Kerala High Court has
been given only the value of grass.

The speech was widely reported by the print and electronic media, and on this basis
contempt petitions were led by various parties. The High Court initiated took suo moto
contempt proceedings as there was no sanction by the Advocate General. Mr. M V
Jayarajan defended his speech before the High Court, in his response, he said;

It is true that I have made a speech referring to Annexure V judgment passed by this
Honourable Court, prohibiting holding of meetings on public roads and road margins. It
was not a prepared speech, but one delivered extempore. The allegations that by making
the said speech, I have committed contempt of this Honourable Court, by using, during
the course of the speech, certain words for which distorted meanings have been given in
the petition, is absolutely incorrect and without any basis.

Dissatis ed by the explanation, the High Court convicted Mr.Jayarajan awarding him
the maximum sentence of six months under the Contempt of Courts Act, 1971. Though
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the Supreme Court con rmed the conviction, the Court did not approve of some of the
expressions used in the Judgement while convicting the contemnor. The displeasure of
Supreme Court is expressed as follows:

6 Learned Senior Counsel for the Appellant has drawn our attention to certain
expressions used in the impugned Judgment, which we unhesitatingly and unequivocally
nd to be inappropriate when used by the Judge in an Order or judgment. Since we have
expressed our opinion we shall adjure from even mentioning the explanation offered on
behalf of the Bench as elucidation in the backdrop of the syntax. The sentence passed
comprehensively does all the speaking

The Court further held;

We are also unable to accept the meaning sought to be given to the word sumbhan/
sumbhanmar since our inquiries reveal that they are pejorative or insulting
epithets/abuses akin to calling a person a fool or idiot. The Appellant indubitably has
exercised his freedom of speech insofar as he has dissected the Judgment and argued
that it was contrary to law. He may also be excused in saying that Judges live in glass
houses, and that the judgments worth is less than grass, since this is his perception. But
it is not open to the Appellant or any person to employ abusive and pejorative language
to the authors of a judgment and call upon them to resign and step down from their
of ce if they have any self respect.

Mr. Jayarajan was never ready to tender apology as usually done in contempt cases. In
this regard, the observation of the court is as follows :

8 Learned Senior Counsel appearing for the Respondent State has in his brief
submission highlighted the fact that at no stage has the Appellant tendered an apology.
We have given an opportunity to learned Senior Counsel for the Appellant to elucidate
this position but he has categorically stated that he has instructions that the Appellant
does not intend to apologise for any of his statements

While con rming the conviction, the court held ;

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Judges expect, nay invite, an informed and genuine discussion or criticism of

judgments, but to incite a relatively illiterate audience against the Judiciary, is not to be
ignored. It was, not the Petitioners province, as exercising his freedom of speech, to
advise that if those judges have any self respect, they should resign and quit their
of ces.

Read the judgment

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 2099 OF 2011

M.V. JAYARAJAN ... APPELLANT

Vs.

HIGH COURT OF KERALA & ANR. ...RESPONDENTS

JUDGMENT

VIKRAMAJIT SEN, J.

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Topics: Communist Party of India (Marxist) leader | Contempt Cases | Contempt of Courts Act 1971 | Indian Legal
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