BEFORE THE HONOURABLE HIGH COURT OF ERNAKULAM Contempt of Court Case No.

KERALA AT

of 2016

(Against the non compliance of the judgment dated 19.09..2002 in O.P. No.25517/2002 and O.P. No.25606/2002 of the Hon’ble High Court of Kerala) Petitioner J.S. Ajithkumar, S/o. Jayadevan Nair, Aged 47 years, residing at “Ananthapuri”, Divine Nagar, South Chittoor, Kochi - 682 027 Vs. Respondents

1.

G.D. Vijayakumar, (age and father’s name not known to the petitioner) , Circle Inspector of Police, Central Station, Ernakulam - 31

2.

Nizamudeen, (age and father’s name not known to the petitioner) , Circle Inspector of Police, North Police Station, Ernakulam - 31

3.

Siby Tom, (age and father’s name not known to the petitioner) , Circle Inspector of Police, South police Station, Ernakulam .-16

4.

Wilson Vadakkumcherry, (age and father’s name not known to the petitioner ), Vadakkumcherry House, Kalady, Journalist, Reporter Channel, Ernakulam. - 28

5.

Ravikumar, ( age and father’s name not known to the petitioner), President , Kerala Union of Working Journalist, Press Club, Ernakulam. - 31

6.

Praveenkumar, ( age and father’s name not known to the petitioner), Senior Video Editor, JaiHind T.V., Ernakulam. - 28

7.

Salam. P.Hydrose, (age and father’s name not known to the petitioner) , Chief Reporter, Asianet, Ernakulam - 28

The address for service of the petitioners is that of his Counsel B. Harishkumar & Renju. K.R. Advocates, High Court of Kerala, Ernakulam The address for service and notices for respondents are shown as above

MEMORANDUM OF CONTEMPT OF COURTS CASE FILED U/S 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/w RULE 3 AND 4 OF CONTEMPT OF COURT (HIGH COURT OF KERALA) RULES STATEMENT OF FACTS 1.

Petitioner

Kerala.

is an Advocate practicing in the High Court of

This application is moved by him

to uphold the dignity,

prestige, pride and credibility of the High Court of Kerala which he is prominent part. 2.

On 20.07.2016 at about 2.30.p.m. there was a violent

demonstration organised by a Section of media persons appear to have been organised by the respondents 3 to 6 came in a procession in front of the

the third gate of Hon’ble High Court of Kerala and

started blocking the road situate to the High Court Building forbidding vehicular traffic and pedestrial movement completely preventing the freedom to the citizens to pass and re-pass through the High Court road. They were purportedly protesting against the lawyers of some of their imaginary grievances. 3.

The respondents 3 to 6 and their associates did not take any

permission from any police authorities or Registrar of High Court of Kerala for conducting protest and blockage in front of the High Court building. They were blocking the road and in blatant disobedience of the judgment of

the division bench of the Hon’ble High Court of

Kerala in George Koshi Vs. State of Kerala reported in 2002 (3) KLT 503 . A true copy of the judgment dated 19.09.2002 in O.P. No.

25517/2002 and O.P. No. 25606/2002 marked as Annexure A1.

is produced herewith and

The advocates witnessing the blockade

informed the respondents 1 to 4 and other policemen than Annexure A1 covered the field and it is their duty to protect and preserve the law and order by removal of the unlawful assembly forthwith. The reaction of the police was callous disregard amounting to disrespect of Annexure A1 judgment of Hon’ble High Court of Kerala. 4.

By Annexure A1 judgment, this Hon’ble Court had forbidden the

blocking of public roads by demonstration close to the High Court premises, in utter disregard, disrespect and disobedience of that judgment which

still

sustains.

The

respondents have

blatantly

disobeyed the directions of this Hon’ble Court, unauthorisedly and illegally blocked the entire road and High Court entrance with the sole intention to

restrain the ingress and egress of the citizens of

India including general public and Advocates.

Thereafter, they

started hurling obscene words to the advocates and ultimately one of the Advocates Sri. Antony who was passing by kicked by the 3rd respondent brutally

in front of a number of policemen assembled

therein, who attend to protect the High Court to maintain the law and order. There were similar attacks on other advocates, and some of them sustained injuries and one of them had to undergo even plastic surgery. Several advocates named Sri. Antony, Rigal Devesh, Vishnu Jayapalan, Jeevan Manayani, Rajeev, Joseph Thomas, Ligy etc and several advocate clerks

were brutally manhandled

by the media

persons on 20.07.2016. The respondents 1 and 2 were in charge of the law and order problem being the police officers on duty at the spot.

They were watching merrily the incident and encouraging

disobedience of Annexure A1 judgment of this Hon’ble Court. They did not move their little finger even after the media persons blocked the entire road and court entrance and started attacking the advocates, some of them including lady lawyers. made effectively by the police to remove

No attempt was

the crowd

who were

unlawfully assembled at the prohibited area. blockade continued up to about 6.p.m.

This situation of

At about 4.20 p.m. one

lawyer Sri. Antony was permitted to pass through by the police by physically creating a passage and when he was attempted the associates of respondents 4 to 7 pushed kick and manhandled the said Advocate Antony and caused grieveous injury to him. But the police did not interefere to prevent the illegal act of media men and police started lathi charge and lawyers only, most of them in thier robes.

Till 6.p.m. the respondents 1 to 3 permitted

the unlawful

assembly to grow and fourish at the sensitive come prohibited area. By passage of time the number and force of the unlawful assembly was increasing which itself shows communication and interaction by the journalists with their outside agencies. Due to the unlawful assembly of the respondnets 4 to 7 and their henchmen, the petitioner could not take out his vehicle and

was waiting for the

crowd to disburse by the police. At that point of time, without any provocation or order by any superior officers, the police started lathicharge on the advocates on robes intentionaly omitting any coercive force on the offending journalists. In the meely the petitioner sustained lathi blow on his hind head and abckneck and lsot consciousness.

The petitioner sutained head injury at about 4.30

p.m. from the policemen and had to take medical leave and complete bed rest for his injuries. t. 5.

The aforesaid conduct of respondents constitutes to civil

contempt under the said expression is understood in terms of Section 2 of Contempt of Court Act, 1971. At any rate the respondents are consciously aware of Annexure A1 judgment of Hon’ble High Court of Kerala. But the respondents 1 to 3 allowed the respondents 4 to 7 and their associates to continue to block the road

preventing the

ingress and egress of the petitioner as well as general public.

The

respondents 4 to 7 continued to block the road challenging the

authorities to take action against them if they violate the court orders. 6.

It is clear as day light that the respondents have knowingly and

deliberately committed gross contempt of the direction of this Hon’ble Court and disobey the orders of this Hon’ble Court, thereby committed contempt of court as the said expression is understood by the wilfully disobeying Annexure A1 judgment of this Hon’ble Court without any justification. 7.

The petitioner respectfully submits that, as an advocate

practicing in the High Court and a person sufferred injury without any provocation, is moving this application with a view to uphold the dignity and prestige of this Hon’ble Court and maintain the rule of law as no citizens however, high placed he is, can wilfully disobey the orders of this Hon’ble Court. 8.

The action of the respondents

are contumacious and

contumaleous and are punishable u/s 10 and 12 of Contempt of Court Act, 1971 r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. Hence in the interest of justice this Hon’ble Court be pleased to issue notice

to the respondents to appear in person before this

Hon’ble High Court and

proceed

against

under the Contempt of

Court Act and punish them accordingly. A separate memo of chages is also filed herewith. Dated this the 28th day of July 2016.

Petitioner

Counsel for the Petitioner

BEFORE THE HONOURABLE HIGH COURT OF ERNAKULAM Contempt Case . No. J.S. Ajithkumar

:

KERALA AT

of 2016 Petitioner

Vs. G.D. Vijayakumar & Others

:

Respondents

SYNOPSIS Petitioner is an advocate practicing at High Court of Kerala. On 20.07.2016 at about 2.30 p.m. the respondents 4 to 7 and their associates knowingly , deliberately , unathorisedly and illegally assembled in front of the 3rd gate of Hon’ble High Court of Kerala premises obstructed the ingress and egress of the general public including the petitioner, created violence pending Annexure A1 judgment of Hon’ble High Court of Kerala and violated the direction contained in Annexure A1 judgment of Hon’ble High Court of Kerala. The respondents 4 to 7 caused violence, and manhandled advocates and clerks which resulted serious injuries to them. Instead of taking effective measures to remove the respondents 4 to 7 and their associates , the respondents 1to 3 and their associates refused to maintain law and order and refuse to comply with Annexure A1 judgment of Hon’ble High Court of Kerala. There is wilful and deliberate, disobedience and violation of Annexure A1 judgment of Hon’ble High Court of Kerala . The action of the respondents are contumacious and contumalious and are punishable u/s.10 and 12 of Contempt of Court Act, 1971,r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules and hence the above Contempt of Court Cases. Dated this the 28th day of July 2016.

B.Harish Kumar. Advocate

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULALM Contempt of Court Case No.

of 2016

(Against the non compliance of the judgment dated 19.09..2002 in O.P. No.25517/2002 and O.P. No.25606/2002 of this Hon’ble High Court of Kerala) Petitioner J.S. Ajithkumar, S/o. Jayadevan Nair, aged 47 years, residing at Ananthapuri, Divine Nagar, South Chittoor, Kochi - 682 027 Vs. Respondents G.D. Vijayakumar, age and father’s name not known to the petitioner , Circle Inspector of Police, Central Station,Ernakulam MEMO OF CHARGES That you, G.D. Vijayakumar, age and father’s name not known to the petitioner , Circle Inspector of Police, Central Station,Ernakulam - 31, the 1st

respondent, on 20.07.2016 was fully

aware of Annexure A1

judgment of Hon’ble High Court of Kerala, was duty bound as an officer in charge of maintenance of law and order in the premises of High Court of Kerala not only prohibited the respondents 4 to 7

from

an unlawful

assembly and did not remove them, but merrily watching them without exercising the lawful powers vested with you and directly participated and connieved actively in disobeying Annexure A1 judgment of Hon’ble High Court of Kerala and committed gross contempt as the expression defined U/s 2 of Contempt of Court Act,1971 and rendered yourself personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. That you are consciously aware of Annexure A1 and the civil rights of the citizen of India, deliberately and consciously violated Annexure A1 judgment of the Hon’ble High Court of Kerala and thereby committed contempt of court punishable U/s 10 and 12 of Contempt of Court Act,1971. Hence you are personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. Dated this the 28th day of July 2016. Counsel for the Petitioner

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULALM Contempt of Court Case No.

of 2016

(Against the non compliance of the judgment dated 19.09..2002 in O.P. No.25517/2002 and O.P. No.25606/2002 of this Hon’ble High Court of Kerala) Petitioner J.S. Ajithkumar, S/o. Jayadevan Nair, aged 47 years, residing at Ananthapuri, Divine Nagar, South Chittoor, Kochi - 682 027 Vs. Respondents Nizamudeen, (age and father’s name not known to the petitioner) , Circle Inspector of Police, North Police Station, Ernakulam - 31 MEMO OF CHARGES That you, petitioner)

Nizamudeen, ,

Circle

(age and father’s name not known to the Inspector

Station,Ernakulam - 31 the 2nd

of

Police,

North

Police

respondent, on 20.07.2016 was fully

aware of Annexure A1 judgment of Hon’ble High Court of Kerala was duty bound as an officer in charge of maintenance of law and order in the premises of High Court not only prohibited the respondents 4 to 7 from an unlawful assembly and did not remove them, but merrily watching them without exercising the powers vested with you and directly participated and connieved actively in disobeying Annexure A1 judgment of Hon’ble High Court of Kerala and committed gross contempt as the expression defined U/s 2 of Contempt of Court Act,1971 and rendered yourself personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. That you are consciously aware of Annexure A1 and the civil rights of the citizen of India, deliberately and consciously violated Annexure A1 judgment of the Hon’ble High Court of Kerala and thereby committed contempt of court punishable U/s 10 and 12 of Contempt of Court Act,1971. Hence you are personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. Dated this the 28th day of July 2016. Counsel for the Petitioner

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULALM Contempt of Court Case No.

of 2016

(Against the non compliance of the judgment dated 19.09..2002 in O.P. No.25517/2002 and O.P. No.25606/2002 of this Hon’ble High Court of Kerala) Petitioner J.S. Ajithkumar, S/o. Jayadevan Nair, aged 47 years, residing at Ananthapuri, Divine Nagar, South Chittoor, Kochi - 682 027 Vs. Respondents Siby Tom, (age and father’s name not known to the petitioner) , Circle Inspector of Police, South police Station, Ernakulam .-16 MEMO OF CHARGES That you, Siby Tom, (age and father’s name not known to the petitioner) , Circle Inspector of Police, South police Station,Ernakulam .-16 the 3rd respondent, on 20.07.2016 was fully aware of Annexure A1 judgment of Hon’ble High Court of Kerala was duty bound as an officer in charge of maintenance of law and order in the premises of High Court not only prohibited the respondents 4 to 7 from an unlawful assembly and did not remove them, but merrily watching them without exercising the powers vested with you and directly participated and connieved actively in disobeying Annexure A1 judgment of Hon’ble High Court of Kerala and committed gross contempt as the expression defined U/s 2 of Contempt of Court Act,1971 and rendered yourself personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. That you are consciously aware of Annexure A1 and the civil rights of the citizen of India, deliberately and consciously violated Annexure A1 judgment of the Hon’ble High Court of Kerala and thereby committed contempt of court punishable U/s 10 and 12 of Contempt of Court Act,1971. Hence you are personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. Dated this the 28th day of July 2016. Counsel for the Petitioner

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULALM Contempt of Court Case No.

of 2016

(Against the non compliance of the judgment dated 19.09..2002 in O.P. No.25517/2002 and O.P. No.25606/2002 of this Hon’ble High Court of Kerala) Petitioner J.S. Ajithkumar, S/o. Jayadevan Nair, aged 47 years, residing at Ananthapuri, Divine Nagar, South Chittoor, Kochi - 682 027 Vs. Respondents Wilson Vadakkumcherry, (age and father’s name not known to the petitioner ), Vadakkumcherry House, Kalady, Journalist, Reporter Channel, Ernakulam. - 28 MEMO OF CHARGES That you, Wilson Vadakkumcherry, (age and father’s name not known to the petitioner ), Vadakkumcherry House, Kalady, Journalist,and printer and publisher of evening daily at Angamaly - Ernakulam - the 4th respondent, on 20.07.2016 was fully aware of Annexure A1 judgment of Hon’ble High Court of Kerala at about 2.30 p.m. illegally assembled in front of the 3rd gate of Hon’ble High Court of Kerala without any authorisation or permission from the police authorities including respondents 1 to 3 or any other officers empowered, prevented the ingress and egress of the citizens of India including the petitioner and advocates knowingly and deliberately with intention to violate Annexure A1 judgment of Hon’ble High Court of Kerala. That you, deliberately created violence in front of the 3rd gate of High Court premises attacked and manhandled advocates and clerks which resulted serious injuries to the advocates and clerks of advocates on 20.07.2016 in front of the 3rd gate of High Court of Kerala at about 4.20.p.m. That you are consciously aware of Annexure A1 and the civil rights of the citizen of India, deliberately and consciously violated Annexure A1 judgment of the Hon’ble High Court of Kerala and thereby committed contempt of court punishable U/s 10 and 12 of Contempt of Court Act,1971 Hence you are personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. Dated this the 28th day of July 2016. Counsel for the Petitioner

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULALM Contempt of Court Case No.

of 2016

(Against the non compliance of the judgment dated 19.09..2002 in O.P. No.25517/2002 and O.P. No.25606/2002 of this Hon’ble High Court of Kerala) Petitioner J.S. Ajithkumar, S/o. Jayadevan Nair, aged 47 years, residing at Ananthapuri, Divine Nagar, South Chittoor, Kochi - 682 027 Vs. Respondents Ravikumar, age and father’s name not known to the petitioner, President , Kerala Union of Working Journalist, Press Club, Ernakulam. MEMO OF CHARGES That you, Ravikumar, age and father’s name not known to the petitioner, President , Kerala Union of Working Journalist,Press Club, Ernakulam., the 5th respondent, on 20.07.2016 was fully aware of Annexure A1 judgment of Hon’ble High Court of Kerala without any authorisation or permission from the police authorities including respondents 1 to 3 or any other officers empowered, illegally assembled in front of the 3rd gate of Hon’ble High Court of Kerala prevented the ingress and egress of the citizens of India including the petitioner and advocates knowingly and deliberately with intention to violate Annexure A1 judgment of Hon’ble High Court of Kerala. That you, deliberately created violence in front of the 3rd gate of High Court premises attacked and manhandled advocates and clerks which resulted serious injuries to the advocates and clerks of advocates on 20.07.2016 in front of the 3rd gate of High Court of Kerala at about 4.20 p.m. That you are consciously aware of Annexure A1 and the civil rights of the citizen of India, deliberately and consciously violated Annexure A1 judgment of the Hon’ble High Court of Kerala and thereby committed contempt of court punishable U/s 10 and 12 of Contempt of Court Act,1971 Hence you are personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. Dated this the 28th day of July 2016. Counsel for the Petitioner

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULALM Contempt of Court Case No.

of 2016

(Against the non compliance of the judgment dated 19.09..2002 in O.P. No.25517/2002 and O.P. No.25606/2002 of this Hon’ble High Court of Kerala) Petitioner J.S. Ajithkumar, S/o. Jayadevan Nair, aged 47 years, residing at Ananthapuri, Divine Nagar, South Chittoor, Kochi - 682 027 Vs. Respondents Praveenkumar, age and father’s name not known to the petitioner, Senior Video Editor, JaiHind T.V., Ernakulam. MEMO OF CHARGES That you, Praveenkumar, age and father’s name not known to the petitioner, Senior Video Editor, JaiHind T.V., Ernakulam.., the 6th respondent, on 20.07.2016 was fully aware of Annexure A1 judgment of Hon’ble High Court of Kerala without any authorisation or permission from the police authorities including respondents 1 to 3 or any other officers empowered, illegally assembled in front of the 3rd gate of Hon’ble High Court of Kerala prevented the ingress and egress of the citizens of India including the petitioner and advocates knowingly and deliberately with intention to violate Annexure A1 judgment of Hon’ble High Court of Kerala. That you, deliberately created violence in front of the 3rd gate of High Court premises attacked and manhandled advocates and clerks which resulted serious injuries to the advocates and clerks of advocates on 20.07.2016 in front of the 3rd gate of High Court of Kerala at about 4.20.p.m.

That you are consciously aware of Annexure A1 and the civil rights of the citizen of India, deliberately and consciously violated Annexure A1 judgment of the Hon’ble High Court of Kerala and thereby committed contempt of court punishable U/s 10 and 12 of Contempt of Court Act,1971 Hence you are personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. Dated this the 28th day of July 2016. Counsel for the Petitioner

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULALM Contempt of Court Case No.

of 2016

(Against the non compliance of the judgment dated 19.09..2002 in O.P. No.25517/2002 and O.P. No.25606/2002 of this Hon’ble High Court of Kerala) Petitioner J.S. Ajithkumar, S/o. Jayadevan Nair, aged 47 years, residing at Ananthapuri, Divine Nagar, South Chittoor, Kochi - 682 027 Vs. Respondents Salam. P.Hydrose, age and father’s name not known to the petitioner , Chief Reporter, Asianet, Ernakulam MEMO OF CHARGES That you, Salam. P.Hydrose, age and father’s name not known to the petitioner , Chief Reporter, Asianet, Ernakulam, the 7th respondent, on 20.07.2016 was fully aware of Annexure A1 judgment of Hon’ble High Court of Kerala without any authorisation or permission from the police authorities including respondents 1 to 3 or any other officers empowered, illegally assembled in front of the 3rd gate of Hon’ble High Court of Kerala prevented the ingress and egress of the citizens of India including the petitioner and advocates knowingly and deliberately with intention to violate Annexure A1 judgment of Hon’ble High Court of Kerala. That you, deliberately created violence in front of the 3rd gate of High Court premises attacked and manhandled advocates and clerks which resulted serious injuries to the advocates and clerks of advocates on 20.07.2016 in front of the 3rd gate of High Court of Kerala at 4.20 p.m. That you are consciously aware of Annexure A1 and the civil rights of the citizen of India, deliberately and consciously violated Annexure A1 judgment of the Hon’ble High Court of Kerala and thereby committed contempt of court punishable U/s 10 and 12 of Contempt of Court Act,1971 Hence you are personally liable to be proceeded against U/s 10 and 12 of Contempt of Court Act, 1971, r/w Rule 3 and 4 of Contempt of Court (High Court of Kerala) Rules. Dated this the 28th day of July 2016. Counsel for the Petitioner