Kerala High Court Initiates Contempt Action Against Ex-MLA R Rajesh For His Facebook Post Alleging Education Bench To Be Headed By Sangh Supporters
|The Kerala High Court had drawn the contempt proceedings suo motu against the Ex-MLA for his Facebook post criticising the Judges heading the Bench hearing education matters.
The Kerala High Court has ordered Ex-MLA and Syndicate Member of the Kerala University R Rajesh, to appear in a case of criminal contempt registered against him over his Facebook post alleging Sangh biasness of the Education Bench.
The High Court had drawn the contempt proceedings suo-motu against the Ex-MLA for his Facebook post wherein he criticized the Judges heading the Bench hearing education matters in a scandalizing language.
The Single Bench of Justice D K Singh said, “Nobody is above the law, and everybody is under an obligation to adhere to the rule of law. The principle that every stakeholder of an institution of dispensation of justice has to follow the law/rule of law, in words and spirit. If we allow any deviation or distraction in the name of convenience, harmony, smooth functioning or such other clumsy pretext, it will do more harm to the system.
“The alleged contemnor has made allegations wild and unsubstantiated on his Facebook post, lowering the prestige and majesty of the Courts in the eyes of the general public”, it added.
As per the Bench, the Facebook post of the alleged contemnor, dated July 6, 2025, indicated that he had committed ex-facie criminal contempt of the Court. On July 7, 2025, the High Court had said that it will initiate suo moto criminal contempt against the former MLA. The alleged contemnor had stated in the post that the Bench is headed by staunch Sangh Parivar supporters who hear University cases. He had not criticized the judgments, but criticized the Judges heading the Bench hearing education matters in the language which amounts to scandalizing the Court and maligning the reputation of the Judges.
On the aspect of contempt, the Bench also cited the words of Lord Diplock and Lord Morris. Referring to the definition of ‘criminal contempt’ defined in Section 2(c) of the Contempt of Courts Act, 1971, the Bench explained that the High Court has the power under Article 215 of the Constitution of India to punish for contempt of itself.
“In view thereof, this Court holds Sri R Rajesh, ExMLA and Syndicate Member of the University of Kerala, to have prima facie committed ex facie contempt of the Court by writing the Facebook post mentioned above on 06.07.2025, which amounts to scandalising and lowering the authority of this Court”, it held.
The Bench further held that the Ex-MLA and Syndicate Member of the University of Kerala, by writing the Facebook post on his Facebook page, clearly intended to defile the image of the Court, cast insinuations and insult the Judges heading the education Bench. The High Court found a clear intention to bring the Court into disrepute by making scandalous and unfounded allegations in intemperate language.
“Your ex-facie contemptuous writing on Facebook as envisaged under Section 15 of the Contempt of Courts Act, 1971 defines criminal contempt that makes you liable to be punished under the provisions of the Contempt of Courts Act, 1971, and, therefore, you are hereby called upon to answer the aforesaid charge in person or through counsel and be present yourself to be tried on 23.07.2021”, the Bench ordered.
The Bench issued notice to the alleged contemnor for his appearance before the High Court on July 23, 2025.
Cause Title: Suo Motu v. R. Rajesh, Ex M.LA and Member of Syndicate, University of Kerala (Case No.: Contempt Case (CRL.) No. 1 of 2025(S) )