Verbal abuse of judge: Kerala HC directs filmmaker Baiju Kottarakkara to tender apology in public

"You must ignite the people's faith in democratic institutions. Don't try to spoil public faith in the institution," said the court.
Film director Baiju Kottarakkara. (Photo |EPS)
Film director Baiju Kottarakkara. (Photo |EPS)

KOCHI: The Kerala High Court on Tuesday orally directed film director Baiju Kottarakkara, who is facing a contempt of court charge for making remarks abusing the trial judge in the 2017 actor abduction and sexual assault case during a news channel discussion, to tender an apology in public.

"Any apology must be a public apology. Enough damage was being done by you," said the court.

The court also flayed Baiju Kottarakkara, who was present before the court.

The Division Bench comprising Justice AK Jayasankaran Nambiar and Justice Muhammed Nias CP said that "the discussions like this should be stopped. Why would you say such things? The judicial institution is the only remaining institution that survives due to public faith. You must ignite the people's faith in democratic institutions. Don't try to spoil public faith in the institution."

When the case came up for hearing, the court asked the counsel representing Baiju Kottarakara that "do you agree that you committed contempt of court through your remarks?"

The counsel replied that he only reiterated the contents in the representation submitted by the Jananeethi- a charitable society before the then Chief Justice of India Justice NV Ramana on May 3.

He also said that the CD received from the Registry contains a certain portion of his remarks. He will produce the CD of the entire discussion after obtaining it from the news channel and he sought some more time.

"You are not saying that I made the remarks which are prima facie contumacious and I may be forgiven. That is the right way while tendering an apology before a court. If you want to say that I did and I am sorry, we will take a call on what should happen after that. If you are trying to interpret the remarks, we can't accept it," said the court.

The court said that it will proceed with the contempt. Then the counsel sought to file a fresh affidavit in response to the charges against Baiju Kottarakkara. "Give me one more chance," the counsel requested.

Then the court granted time till November 15 to file a fresh affidavit. The court also directed Baiju Kottarakkara to be present on that day.

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