✦ High Court of India · 24 Mar 2025

BY AD vs GOVERNMENT PLEADER

Case Details High Court of India · 24 Mar 2025
Court
High Court of India
Decided
24 Mar 2025
Bench
C S DIAS
Length
1,283 words

Acts & Sections

THE HIGH COURT OF KERALA REPRESENTED BY ITS REGISTRAR GENERAL, HIGH COURT BUILDINGS, ERNAKULAM, PIN - 682031 ASSISTANT COMMISSIONER OF POLICE CYBER CRIME POLICE STATION KOCHI CITY EXPRESS WAY ROAD OPPOSITE FOURTS POINTS HOTEL BY SHERATON INFOPARK P.O, KAKKANAD ERNAKULAM, PIN - 682042 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. GOVERNMENT PLEADER S.KRISHNA OTHER PRESENT: SC SRI HARIKUMAR G .GP SMT K B SONY ..SRI K M SHAJAHAN FOR R 1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2913 OF 2025 3 C.S.DIAS, J. --------------------------------------- WP(C) No. 2913 OF 2025 ----------------------------------------- Dated this the 24th day of March, 2025 JUDGMENT The writ petition is filed, inter alia, to direct the 7 th respondent to place the information covered by exts.P5, P8, P11, P14, P16, P18, P20 and P23 emails before the Honourable the Chief Justice on the administrative side, if it has not already been done in terms of the provisions under Rule 7 of the Contempt of Courts (High Court of Kerala ) Rules, 1971 within a time period to be fixed by this Court.

2. The 7th respondent has filed a counter affidavit, inter-alia, stating that the above mentioned emails were placed before the Honourable the Chief Justice and the Honourable the Chief Justice has directed to place the file for consideration after the disposal of the writ petition.

3. Heard; the learned counsel for the petitioner, the learned counsel for the respondents 1 and 2, the learned Government Pleader and the learned counsel for WP(C) NO. 2913 OF 2025 4 the 7th respondent.

4. The learned counsel for the petitioner submitted that, in view of the statement filed by the 7 th respondent, the writ petition can be disposed of by leaving open the right of the petitioner to work out his remedies in accordance with law. In the light of the above submission, this writ petition is closed leaving open the right of the petitioner to work out his remedies in accordance with law. rkc/24.03.25 Sd/- C.S.DIAS, JUDGE WP(C) NO. 2913 OF 2025 5 APPENDIX OF WP(C) 2913/2025 PETITIONER EXHIBITS Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 1.06 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 8.1.2025 AT 5.05 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 8.1.2025 AT 6.20 P.M. TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 8.23 P.M. TO RESPONDENTS 3,5, 6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 2.44 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 8.1.2025 AT 8.33 P.M TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 9.27 P.M. TO RESPONDENTS 3,5, 6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 3.12 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 9.1.2025 AT 8.20 A.M TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 9.1.2025 AT 9.07 A.M. TO RESPONDENTS 3,5, 6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 5.32 P.M. FROM THE FIFTH RESPONDENT WP(C) NO. 2913 OF 2025 6 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 Exhibit P22 Exhibit P23 Exhibit P24 Exhibit P25 Exhibit P26 Exhibit P27 Exhibit P28 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 10.1.2025 AT 2.32 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 10.1.2025 AT 3.24 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 10.1.2025 AT 3.12 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 11.1.2025 AT 10.41 A.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 12.1.2025 AT 12.32 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 12.1.2025 AT 2.11 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS TRUE COPY OF THE FACEBOOK POST PUBLISHED AT 6.03 P.M. ON 15.1.2025 BY THE SECOND RESPONDENT TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 15.1.2025 AT 6.45 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 16.1.2025 AT 9.41 A.M. FROM THE FIFTH RESPONDENT TRUE COPY OF THE ORDER DATED 16.6.2023 IN CONTEMPT CASE (CRL.)NO.1 OF 2023 TRUE COPY OF THE JUDGMENT DATED 29.11.2023 IN W.P.C.NO.37325 OF 2023 TRUE COPY OF THE JUDGMENT DATED 8.12.2023 IN W.A.NO.2108 OF 2023 TRUE COPY OF THE JUDGMENT DATED 21.12.2023 IN W.P.C.NO.42867 OF 2023 WP(C) NO. 2913 OF 2025 7 Exhibit P29 Exhibit P30 Exhibit P31 Exhibit P32 Exhibit P33 Exhibit P34 Exhibit P35 Exhibit P36 Exhibit P37 Exhibit P38 Exhibit P43 Exhibit P44 TRUE COPY OF THE JUDGMENT DATED 15.1.2024 IN W.A.NO.65 OF 2024 IS TRUE COPY OF THE JUDGMENT DATED 3.6.2024 IN W.P.C.NO.12613 OF 2024 TRUE COPY OF THE ORDER DATED 23.7.2024 IN W.A.NO.852 OF 2024 TRUE COPY OF THE JUDGMENT DATED 26.7.2024 IN W.A.NO.852 OF 2024 TRUE COPY OF THE JUDGMENT IN CRL.W.P.NO.817 OF 2020 DATED 5.10.2020 OF THE HIGH COURT OF BOMBAY BENCH AT AURANGABAD TRUE COPY OF THE JUDGMENT DATED 8.8.2023 IN S.L.P.(CRL.)NO.5883 OF 2020 OF THE HONOURABLE SUPREME COURT THE CERTIFICATE UNDER SECTION 65(B) (4) (C) OF THE INDIAN EVIDENCE ACT READ WITH SECTION 63 OF BHARATIYA SAKSHYA ADHINIYAM, 2023 TRUE COPY OF THE ORDER DATED 27.1.2025 IN RPFC 501 OF 2023 AND 16 OF 2024 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ON 27.1.2025 AND 28.1.2025 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ON 29.1.2025, 30.1.2025, 1.2.2025, 2.2.2025 AND 4.2.2025 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ABUSING HONOURABLE DR.JUSTICE KAUSER EDAPPAGATH THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ABUSING HONOURABLE DR.JUSTICE KAUSER EDAPPAGATH RESPONDENT EXHIBITS Exhibit R2(a) True copy of Judgement WP(C) No.2407 of 2025 WP(C) NO. 2913 OF 2025 8 Exhibit R2(b) Exhibit R2(c) True copy of Judgement of Honorable Supreme CV ourt in the case of PN Dudavs V P shiv shankar and others.1988(3)scc 167 True copy of the Judgement of Madras High court of 2024 in contempt petition No.3212 of 2024 MHC 3678 of 2024

THE HIGH COURT OF KERALA REPRESENTED BY ITS REGISTRAR GENERAL, HIGH COURT BUILDINGS, ERNAKULAM, PIN - 682031 ASSISTANT COMMISSIONER OF POLICE CYBER CRIME POLICE STATION KOCHI CITY EXPRESS WAY ROAD OPPOSITE FOURTS POINTS HOTEL BY SHERATON INFOPARK P.O, KAKKANAD ERNAKULAM, PIN - 682042 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. GOVERNMENT PLEADER S.KRISHNA OTHER PRESENT: SC SRI HARIKUMAR G .GP SMT K B SONY ..SRI K M SHAJAHAN FOR R 1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2913 OF 2025 3 C.S.DIAS, J. --------------------------------------- WP(C) No. 2913 OF 2025 ----------------------------------------- Dated this the 24th day of March, 2025 JUDGMENT The writ petition is filed, inter alia, to direct the 7 th respondent to place the information covered by exts.P5, P8, P11, P14, P16, P18, P20 and P23 emails before the Honourable the Chief Justice on the administrative side, if it has not already been done in terms of the provisions under Rule 7 of the Contempt of Courts (High Court of Kerala ) Rules, 1971 within a time period to be fixed by this Court.

2. The 7th respondent has filed a counter affidavit, inter-alia, stating that the above mentioned emails were placed before the Honourable the Chief Justice and the Honourable the Chief Justice has directed to place the file for consideration after the disposal of the writ petition.

3. Heard; the learned counsel for the petitioner, the learned counsel for the respondents 1 and 2, the learned Government Pleader and the learned counsel for WP(C) NO. 2913 OF 2025 4 the 7th respondent.

4. The learned counsel for the petitioner submitted that, in view of the statement filed by the 7 th respondent, the writ petition can be disposed of by leaving open the right of the petitioner to work out his remedies in accordance with law. In the light of the above submission, this writ petition is closed leaving open the right of the petitioner to work out his remedies in accordance with law. rkc/24.03.25 Sd/- C.S.DIAS, JUDGE WP(C) NO. 2913 OF 2025 5 APPENDIX OF WP(C) 2913/2025 PETITIONER EXHIBITS Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 1.06 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 8.1.2025 AT 5.05 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 8.1.2025 AT 6.20 P.M. TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 8.23 P.M. TO RESPONDENTS 3,5, 6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 2.44 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 8.1.2025 AT 8.33 P.M TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 9.27 P.M. TO RESPONDENTS 3,5, 6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 3.12 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 9.1.2025 AT 8.20 A.M TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 9.1.2025 AT 9.07 A.M. TO RESPONDENTS 3,5, 6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 5.32 P.M. FROM THE FIFTH RESPONDENT WP(C) NO. 2913 OF 2025 6 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 Exhibit P22 Exhibit P23 Exhibit P24 Exhibit P25 Exhibit P26 Exhibit P27 Exhibit P28 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 10.1.2025 AT 2.32 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 10.1.2025 AT 3.24 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 10.1.2025 AT 3.12 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 11.1.2025 AT 10.41 A.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 12.1.2025 AT 12.32 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 12.1.2025 AT 2.11 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS TRUE COPY OF THE FACEBOOK POST PUBLISHED AT 6.03 P.M. ON 15.1.2025 BY THE SECOND RESPONDENT TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 15.1.2025 AT 6.45 P.M. TO RESPONDENTS 3,5,6 AND 7 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 16.1.2025 AT 9.41 A.M. FROM THE FIFTH RESPONDENT TRUE COPY OF THE ORDER DATED 16.6.2023 IN CONTEMPT CASE (CRL.)NO.1 OF 2023 TRUE COPY OF THE JUDGMENT DATED 29.11.2023 IN W.P.C.NO.37325 OF 2023 TRUE COPY OF THE JUDGMENT DATED 8.12.2023 IN W.A.NO.2108 OF 2023 TRUE COPY OF THE JUDGMENT DATED 21.12.2023 IN W.P.C.NO.42867 OF 2023 WP(C) NO. 2913 OF 2025 7 Exhibit P29 Exhibit P30 Exhibit P31 Exhibit P32 Exhibit P33 Exhibit P34 Exhibit P35 Exhibit P36 Exhibit P37 Exhibit P38 Exhibit P43 Exhibit P44 TRUE COPY OF THE JUDGMENT DATED 15.1.2024 IN W.A.NO.65 OF 2024 IS TRUE COPY OF THE JUDGMENT DATED 3.6.2024 IN W.P.C.NO.12613 OF 2024 TRUE COPY OF THE ORDER DATED 23.7.2024 IN W.A.NO.852 OF 2024 TRUE COPY OF THE JUDGMENT DATED 26.7.2024 IN W.A.NO.852 OF 2024 TRUE COPY OF THE JUDGMENT IN CRL.W.P.NO.817 OF 2020 DATED 5.10.2020 OF THE HIGH COURT OF BOMBAY BENCH AT AURANGABAD TRUE COPY OF THE JUDGMENT DATED 8.8.2023 IN S.L.P.(CRL.)NO.5883 OF 2020 OF THE HONOURABLE SUPREME COURT THE CERTIFICATE UNDER SECTION 65(B) (4) (C) OF THE INDIAN EVIDENCE ACT READ WITH SECTION 63 OF BHARATIYA SAKSHYA ADHINIYAM, 2023 TRUE COPY OF THE ORDER DATED 27.1.2025 IN RPFC 501 OF 2023 AND 16 OF 2024 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ON 27.1.2025 AND 28.1.2025 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ON 29.1.2025, 30.1.2025, 1.2.2025, 2.2.2025 AND 4.2.2025 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ABUSING HONOURABLE DR.JUSTICE KAUSER EDAPPAGATH THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ABUSING HONOURABLE DR.JUSTICE KAUSER EDAPPAGATH RESPONDENT EXHIBITS Exhibit R2(a) True copy of Judgement WP(C) No.2407 of 2025 WP(C) NO. 2913 OF 2025 8 Exhibit R2(b) Exhibit R2(c) True copy of Judgement of Honorable Supreme CV ourt in the case of PN Dudavs V P shiv shankar and others.1988(3)scc 167 True copy of the Judgement of Madras High court of 2024 in contempt petition No.3212 of 2024 MHC 3678 of 2024

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