M.V. JAYARAJANversusHIGH COURT OF KERALA & ANR.

                        [20~5] 1 S.C.R. 550



A                        M. v. JAYARAJAN
                                  v.
               HIGH COURT OF KERALA & ANR.
             (CRIMINAL. APPEAL No. 2099 OF 2011)
                        JANUARY 30, 2015.
B
          [VIKRAMAJIT SEN AND C. NAGAPPAN, JJ.]

          Contempt of Courts Act, 1971 - s. 12 - Criminal contempt
    - Contempt petition before High Court - Alleging that the
C contemnor, in a public meeting, while criticizing a judgment
    passed by a Division Bench of the High Court used abusive
    language against the judges - High Court found the
    contemnor guilty - On appeal, held: The contemnor has
    rightly been held guilty- The contents of his speech show that
o it was not a mere criticism of the judgment, but the contemnor
    by using abusive words against the Judges had intended to
    lower the dignity of the Court, to obstruct and impede its
    functioning - The right of freedom of speech and expression
    postulates a temperate and reasoned criticism and not
E . vitriolic, slanderous or abusive one - However, the sentence
    of six months imprisonment is reduced to four weeks
    imprisonment - Constitution of India, 1950 - Art. 19(1)(a).

        Disposing of the appeal, the Court

F      HELD: The right of freedom of speech of expression
  postulates a temperate and reasoned criticism and not a
  vitriolic, slanderous or abusive one; this right of free
  speech certainly does not extend to inciting the public
  directly or insidiously to disobey Court Orders. The
G remedy is provided by way of an appeal to the Division
  Bench, which was taken recourse to. On perusal of the
  translations of the speech, there is no doubt that the
  appellant intended to lower the dignity of Court, to

                                550
H
   M.V. JAYARAJAN v. HIGH COURT OF KERALA                 551


obstruct and impede its functioning and not merely to            A
criticise its pronouncement which was not to his liking.
His conduct leaves him unquestionably guilty of the
offence of Contempt of Courts, calling for him to be
punished for his illegal act. He has shown no remorse
or contrition for his conduct. Instead, he has vainly            B
etymologised the Sanskrit origin of the word 'sumbhan',
fully aware of the fact that in its slang, especially to the
rural and rustic persons he was addressing, it conveyed
a strong abuse. Judges expect, nay invite, an informed
and genuine discussion or criticism of judgments, but to         c
incite a relatively illiterate audience against the Judiciary,
is not to be ignored. It was, not the Petitioner's province,
as exercising his freedom of speech, to advise that "if
those judges have any self respect, they should resign
and quit their offices". Nevertheless, while affirming the
                                                                 D
impugned Judgment, the sentence of six months
imprisonment is reduced to that of simple imprisonment
for a period of four weeks. [para 9 and1 OJ [561-E-H; 562-
A-C]

     P.N. Duda v. P.Shiv Shanker 1988 (3) SCC 167; Re. S         E
                               =
Mulgaokar 1978 (3) SCR 162 1978 (3) SCC 339 and R v.
Metropolitan Police Commissioner, Ex-parte Blackburn 1968
(2) All ER 319(CA) - referred to.

                      Case law reference:
                                                                 F
    1988 (3) sec 167            referred to        para 4
    1978 (3) SCR 162           referred to         para 4
    1968 (2) All ER 319(CA~ referred to            para 4
                                                                 G
    CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 2099 of 2011.

     From the Judgment and Order dated 08.11.2011 of the
High Court of Kerala at Eranakulam in Contempt Case
(Criminal) No. 2 of 2010.                                        H
    552       SUPREME COURT REPORTS               [2015] 1 S.C.R.


A       Shekhar Naphade, Shubhangi Tuli, P. V. Dinesh for the
    Appellant.

        V. Giri, Ramesh Babu M. R. Mukti Chowdhary, T. G.
    Narayanan Nair, K. N. Madhsoodhanan for the Respondents.
B         The Judgment of the Court was delivered by.

         VIKRAMAJIT SEN, J. 1. This Appeal lays siege to the
    decision of the Division Bench of the High Court of Kerala at
    Ernakulam, which found the Petitioner guilty of having
c   committed criminal contempt punishable under Section 12 of
    the Contempt of Courts Act, 1971, and sentenced him to
    simple imprisonment for six months and to pay a fine of
    Rs.2000/-.

       2. The facts leading to these events is that another Division
D Bench of the High Court of Kerala had, by Orders dated
  23.6.2010, banned the holding of meetings on public roads and
  road margins in the State with the object of ensuring accident-
  free and uninterrupted traffic along such public roads. Although
  not relevant for the present purposes, these Orders were
E confirmed subsequently; a Review Petition was dismissed and
  the Special Leave Petition was also rejected by this Court.
  Meanwhile, on 26.6.2010, the Appellant delivered a speech in
  a public meeting at Kannur, Kerala allegedly convened in
  connection with a hartal organised to protest against the hike
F in petroleum prices, which was widely reported by the media ..
  A translation of the speech as appearing in local City News
  reads as follows:-

          "When the Court verdicts go against the country and the
          people, those verdicts have only the value of grass. From
G
          now on, what worth do the judges who pronounced the
          verdict have? Today disregarding the verdict of those
          Judges and flouting their judgments, people throughout the
          length and breadth of Kerala are organizing public
          meetings and rallies. Why should those Judges sit in glass
H
  M.V. JAYARAJAN v. HIGH COURT OF KERALA                    553
            [VIKRAMAJIT SEN , J.]
   houses and pass verdicts any more? If they have any self         A
   respect they should resign and step down from their office.
   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.     B
   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 themselves           C
   issue orders. This is not conducive to a democratic country.
   ThisJs 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."

   AsiaNet news reported the speech as follows:-                    D

   "Today disregarding the verdict of those Judges and
   flouting 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        E
   pass verdicts anymore? If they have any self ~espect they
   should resign and step down from their'office. The judiciary
   can attain greatness only when judgments acceptable to
   the country and obeyed by the people are passed. Today
   judiciary is the refuge. If the Legislature exceeds its limits
                                                                    F
   there is the judiciary which comes to the rescue. But if the
   judiciary exceeds its limits who will tether the judiciary. In
   a democracy people are the supreme. 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)             G
   occupying our seat of justice say is nothing else."

     lndiaVision News also carried this speech, which
translated reads thus:-
                                                                    H
    554        SUPREME COURT REPORTS                 (2015] 1 S.C.R.


A                "When the Court verdicts go against the country and
          the people, those verdicts have only the value of grass.
          Now on, what worth do the judges who pronounced the
          verdict have? Today disregarding the verdict of those
          Judges and flouting their judgments, people throughout the
          length and breadth of Kerala are organizing public
B
          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 office.
          Unfortunately, what some idiots (fools) occupying our seat
          of justice say is nothing else. Actually speaking they
c         themselves make laws and they themselves issue orders.
          This is not conducive to a democratic country. This is what
          they should correct".

          3. In his reply affidavit filed in the High Court in the
D   Contempt proceedings the Appellant has asseverated, inter
    a/ia, as follows:-

          "4. 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
E
          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
F         absolutely incorrect and without any basis. In this
          connection I may submit that I am a person who believes
          in the Rule of Law and the supremacy of the Constitution.
          I have firm faith and unquestionable loyalty to the
          Constitution and the institutions created under it. I have
G         great respect and adoration for the judiciary and the
          Honourable Judges. I have always obeyed the verdicts of
          Courts and have never once defied its authority, or will ever
          I do it. The media has reported distorted versions of the
          speech I made referring to Annexure V judgment and give
H
    M.V. JAYARAJAN v. HIGH COURT OF KERALA                     555
               [VIKRAMAJIT SEN , J.]
    wide publicity to it taking certain words used by me in the        A
    speech out of context and providing their own interpretation
    and meaning to those with ulterior motives and designs. I
    have criticized the judgment as to its impracticability and
    difficulty of implementation. It was in a Public Interest
    Litigation filed by a Transport Operator, seeking to prevent       B
    conduct of public meetings in the PWD road in front of
    Alwaye Railway Station that this Honourable court has
    rendered the judgment prohibiting the holding of meeting
    on public roads and road margins throughout the State. As
    a Social and Political Worker, I felt that the above               c
    judgment has been passed without considering the vital
    factual and legal aspects involved and that it may adversely
    affect the legal rights of the Public including their
    Fundamental Right of freedom of speech and expression
    and to assemble peacefully, guaranteed to them under               0
    Article 19 of the Constitution. In my speech I have used the
    words commonly used by the villagers of North Malabar
    to convey my message to the audience and they have also
     understood the same in the sense those words usually
     carry with them. There is no meaning to those words as
                                                                       E
    given and interpreted by the persons who have preferred
    the contempt petitions before this Honourable court
    seeking to initiate action against this deponent under the
     Contempt of Courts Act.

     5. Annexure V judgment of this Honourable Court was               F
rendered without considering the Public Interest or the
contentions of the parties, affected thereby, including the
Government. The Court has gone beyond the issues before it
which it was called upon to decide. The general declaration
issued, prohibiting the conduct of meetings on the road margins        G
was far exceeding the relief sought for in the writ petition. It has
been the practice followed in this country and in this State even
from the pre-independence period to hold meetings on the road
margins. If the conduct of such meetings is likely to create any
law and order situation, or hindrance to the traffic, the police       H
    556      SUPREME COURT REPORTS                 [2015] 1 S.C.R.


A and other statutory authorities are clothed with power to control
  such meetings by resorting to the provisions under the Police
  Act and other similar laws. The Executive Magistrate has power
  to cpntrol, restrict and prohibit the conduct of such meetings by
  invoking the provisions of Sec. 144 of the Criminal Procedure
B Code. Thus, under law without infringing the freedom of
  movement of the public at large, meetings could be convened
  on the road margins.

         6. The criticism made by me against the judgment was
    with honest intention and bonafide purpose and by way of
C   expressing of my opinion in respect of the same to the public.
    As a public worker, I thought it was my bounden duty to make
    such criticism when the judiciary has failed to consider properly
    the issue involved while rendering the above judgment. In so
    doing, I have never intended to demean any of the Judges of
D   this Honourable Court or the authority of this Honourable Court.
    The Fundamental Freedom of speech and expression
    guarantied (sic) by the Constitution is no less important than
    the freedom of judgment to move freely throughout the Territory
    of India. In the judgment the Honourable Court has only
E   considered the freedom of persons to move freely, without
    bestowing such anxious consideration to the freedom of speech
    and expression as also of the freedom to assemble peacefully
    guarantied (sic) to the citizens by the Constitution with equal
    force. For that reason, according to me, the Judgment was not
F   in consonance with the constitutional scheme. I thought, I should
    bring this infirmity to the notice of the General Public. My
    speech was only to highlight the above.

       7. The words in question used by me in the speech,
G specifically referred to in the Contempt Petition drawing it out
  of contest, are those prevalent in the area and characteristic
  of the assemblage to which I spoke. The speech was one made
  in protest against the hiking of prices of Essential
  Commodities and the audience was largely constituted of the
  poor sections of the society, the common man of the area. The
H
   M.V. JAYARAJAN v. HIGH COURT OF KERALA                   557
              [VIKRAMAJIT SEN , J.]
words particularly referred to in the contempt petition have no     A
specific or definite meaning and the sense it carries is
according to its ordinary usage. That being so, those words
taken out of context and given a meaning that suits the intention
of the petitioner in the contempt of court petition, may not be
made the basis for initiating contempt proceedings against me.      B
Since the above judgment was practically impossible of
implementation, there were public meetings held on the road
side on the day subsequent to the judgment also in several
places in the State and that was the reason for me to say that
the above judgment was rejected by the public. In doing so, I       C
have never challenged the authority of this Honourable court or
made any disparaging remarks demeaning any of the
Honourable Judges of this Honourable Court. Therefore,
considering that the speech made by me was in a particular
context and the language used was one apposite to the issue
                                                                    D
and the nature of the audience, there is no justification in
picking up one or two words used in the speech out of context
and raising the allegation of contempt of court against me
based on the incorrect and fanciful meanings attributed to those
words, without considering the entire speech as a whole and
the context in which such a speech was made. In this                E
connection it is pertinent to note that the petitioner has not
produced the entire text of the speech made by me along with
the Contempt Petition and it is a well established principle of
law that in order to decide whether there is contempt or not
reading of the speech as a whole is necessary. Since words          F
torn out of context from it may be liable to be misunderstood.



     13. Sumbhan is a word used in Malayalam without any
specific or defii:iite meaning. As distinct from a "word" with a    G
definite meaning in a language, there are "usuages" in every
language which have different shades of meaning with varying
connotations depending on the occasions in which it is used
as also the regions, sections of people, circumstances, etc in
                                                                    H
    558        SUPREME COURT REPORTS                  [2015] 1 S.C.R.


A   relation to which it is used. The word "Sumbhan'', is such a
    usuages which is understood in different senses and
    connotations in different parts of the State and depending on
    the class of people who uses the same. Even inspite of such
    variations, it is submitted that the word "Sumbhan" can never
8   be understood as having the meaning attributed to it in the
    contempt petition namely "idiot" or "fool".

          14. I hail from Cannanore District, in the Northern part of
    the Kerala State. The impugned speech I was making to a
    village population at Kannur, a considerable section of which
C   cannot claim even to be moderately educated. "Sumbhan", is
    a word widely used by the people in the area to refer to a person
    who had said or expressed something or acted in any particular
    way without properly considering the various aspects of a
    matter intensively, in all its aspects, cir evaluating or taking into
D   coosideratioh, the likely consequences that may ensure thereby,
    in a hasty and casual manner, even if he be a person highly
    reputed and accepted by all as an intelligent and
    knowledgeable person. In such a situation by referring to the
    Honourable Judges who have issued the judgments in
E   question, to the people who were at a loss to understand the
    logic and reason of the disapproval of a right which for them
    was an integral part of their legal right which they have _been-
    enjoying all through the past, and as old as the memory of the
    existing generations goes as ''Sumbhan", I was only conveying
F   to them and carrying home to them the idea that those Judges,
    while passing the judgment have not properly considered the
    issue involved in all its aspects nor have they comprehended
    the attendant circumstances or the resultant consequences
    thereof.
G

          21 Having regard to the above, it is humbly submitted that,
          this Honourable Court may be pleased to see that the
          charges levelled against me in the above Contempt of
H
    M.V. JAYARAJAN v. HIGH COURT OF KERALA                  559
               [VIKRAMAJIT SEN , J.]
    Courts Case are not sustainable in law and accordingly it       A
    is prayed that accepting this reply affidavit, the Contempt
    of court proceedings initiated against me may kindly be
    dropped."

     The Appellant has also relied on Article 19(1) (b}, 19(1)      B
(a) and 19(1 )(d) and 19(3) of the Constitution. He has deposed
that he considered his duty "to speak to the people evaluating
the same and expressing my views regarding the impact and
the adverse consequences it will make on the social and
political life of this country and its people, as also the          C
interference and the intrusions it will make on the rights,
including the fundamental rights guaranteed to the citizens of
this country by the Constitution .... I may submit in my speech
I have not made consciously or otherwise any disparaging or
disrespectful statements or remarks against any of the Hon'ble
Judges of this Court." As regards the use of the word 'sumbhan'     0
or ·sumbhanmar', the Appellant has taken the stand that the
word implied that "those Judges, while passing the judgment
have not properly considered the issues involved in all its
aspects nor have they comprehended the attendant
circumstances or the resultant consequences thereof."               E

     4. In the said affidavit, the Appellant has quoted decisions
of this Court in P.N. Duda v. P.Shiv Shanker 1988 (3) SCC
167; Re- S Mulgaokar 1978 (3) SCC 339 and R v. Metropolitan
Police Commissioner, Ex-parte Blackburn 1968 (2) All ER             F
319(CA). We are in respectful agreement with all the
observations made in these judgments.

     5. On 15.11.2011, the Appeal was taken on Board and
admitted. A direction was passed that the Appellant be
released on bail but that the fine should be deposited within       G
one week. By that time, as per the submissions made by the
learned senior counsel appearing for the Appellant had
suffered incarceration for one week.

     6. Learned Senior Counsel for the Appellant has drawn our      H
    560      SUPREME COURT REPORTS                 [2015] 1 S.C.R.


A   attention to certain expressions used in the impugned
    Judgment, which we unhesitatingly and unequivocally find 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
s   elucidation in the backdrop of the syntax. The sentence passed
    comprehensively does all the speaking. The endeavour of the
    learned Senior Counsel is to persuade us that these words had
    been employed by the Judges because they were prejudiced
    against the Appellant, and that prejudice has resulted in
c   imposing the impugned sentence in its total and complete
    severity. The said observations do not impact upon the
    character'of the words used by the Appellant in his public
    speech, since they occur after the event.

        7. Learned Senior Counsel has not addressed any
D arguments or given any extenuating explanation with regard to
  his utterance that if the Judges have any self respect they should
  step down from their office. 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
E 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 judgment's worth
F 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 office if they have any self
  respect. The Appellant should have kept in mind the words of
G Lord Denning, in the Judgment upon which he has relied, that
  those that criticise a judgment must remember that from the
  nature of the Judge's office, he cannot reply to their criticism.
  In the case in hand, the Appellant had his remedy in the form
  of a Special Leave Petition to this Court, which he has
H exercised albeit without success. The speech was made within
   M.V. JAYARAJAN v. HIGH COURT OF KERALA                     561
             [VIKRAMAJIT SEN , J.]
a couple of days of the passing of the ad interim injunction; no      A
empirical evidence was referred to by the Appellant, nor has
any been presented thereafter, to support his utterance that the
Judgment/Order was being opposed by the public at large.
Hence we see these parts of the speech as intending to
scandalize and lower the dignity of the Court, and as an              B
intentional and calculated obstruction in the administration of
justice. This requires to be roundly repulsed and combated.

     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
                                                                      c
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.
                                                                      D
      9. The Appellant is an advocate and also an ex-member
of the Legislative Assembly. He is fully aware that our
Constitution is premised on the separation of powers which
enjoin the Executive, the Legislature and the Judiciary to
perform their duties within the Constitutional framework. He is       E
fully aware that while he has the -right of freedom of speech of
expression, this postulates a temperate and reasoned criticism
and not a vitriolic, slanderous or abusive one; this right of free
speech certainly does not extend to inciting the public directly
or insidiously to disobey Court Orders. The remedy is provided        F
by way of an appeal to the Division Bench, which was taken
recourse to. Having perused the translations of his speech, we
are left in no manner of doubt that he intended to lower the
dignity of Court, to obstruct and impede its functioning and not
merely to criticise its pronouncement which was not to his liking.    G
His conduct leaves him unquestionably guilty of the offence of
Contempt of Courts, calling for him to be punished for his illegal
act. He has shown no remorse or contrition for his conduct.
Instead, he has vainly etymologised the Sanskrit origin of
'sumbhan', fully aware of the fact that in its slang, especially to
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    562        SUPREME COURT REPORTS              [2015] 1 S.C.R.


A the rural and rustic persons he was addressing, it conveyed a
  strong abuse. 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 Petitioner's province, as exercising his
B freedom of speech, to advise that "if those judges have any self
  respect, they should resign and quit their offices".

       10. The impugned Judgment has correctly and condignly
  committed the Appellant for committing contempt of Court and
C ordered his incarceration. Nevertheless, while affirming the
  impugned Judgment, we reduce the sentence of six months
  imprisonment to that of simp.le imprisonment for a period of four
  weeks.

       11. The Appeal is disposed of in the above terms. We
D desist from imposing costs.

    Kalpana K. Tripathy                           Appeal disposed of.