The Kerala High Court has initiated suo motu criminal contempt proceedings against former MLA and University of Kerala Syndicate Member R Rajesh over a Facebook post dated July 6, 2025, in which he alleged ideological bias among Judges and questioned the integrity of the Court in matters related to higher education in the State.
Justice D.K. Singh, who presided over the matter, observed that the content of the Facebook post amounted to ex facie criminal contempt, scandalising the Court and interfering with the administration of justice. The Court noted that Rajesh’s post, written in Malayalam and translated into English by the Court, contained remarks that lowered the authority of the judiciary and maligned sitting Judges by attributing political allegiance.
Contents of the Post
The Facebook post stated, among other things:
“The goddess of justice sits in the High Court, not a woman carrying a saffron flag… The High Court bench that hears university cases deliberately appoints staunch Sangh Parivar supporters.”
It further questioned judicial decisions related to the appointment of Vice Chancellors and the suspension of the Registrar of the University of Kerala, attributing these to political motivations and bias.
Background
The contempt proceedings were initiated after the Court took note of the post in connection with ongoing and past litigation involving the University of Kerala, where the alleged contemnor serves as a Syndicate Member. On the same day, a writ petition filed by the suspended Registrar Dr. K.S. Anil Kumar was listed before the Court but was withdrawn after his reinstatement by the Syndicate.
Justice Singh observed:
“He has not criticised the judgments, but criticised the Judges heading the Bench hearing education matters in the language which amounts to scandalising the Court and maligning the reputation of the Judge(s).”
Legal Framework and Judicial Reasoning
The Court referred to Article 215 of the Constitution of India and Section 2(c) of the Contempt of Courts Act, 1971, which defines criminal contempt as any publication or act that scandalises or tends to scandalise the authority of a court, interferes with judicial proceedings, or obstructs the administration of justice.
Quoting from precedents including Baradakanta Mishra v. Registrar of Orissa High Court and M.Y. Shareef v. Judges of the High Court of Nagpur, the Court reiterated that unfounded allegations against Judges erode public confidence in the judiciary and damage the institution’s integrity.
The Court remarked:
“No one, even a public figure like the alleged contemnor, can be allowed to make insinuations, allegations and aspersions on the Judges of this Court… lowering the prestige and majesty of the Courts in the eyes of the general public.”
It further held that the Facebook post was a “deliberate attempt” to scandalise the Court and amounted to prima facie contempt.
Charges Framed
Exercising its powers under Section 15 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution, the Court framed the following charges against R Rajesh:
- Publishing a Facebook post with the intent to defile the image of the Court and cast aspersions on Judges hearing educational matters.
- Using intemperate and scandalous language intended to bring the Court into disrepute, constituting ex facie criminal contempt.
Rajesh has been directed to appear in person or through counsel before the Court on July 23, 2025, at 10:15 a.m. to answer the charges. The Registry has been instructed to issue notice and place the matter before an appropriate Bench as per the orders of the Hon’ble Chief Justice.
