THE WRIT PETITION AGAINST CONTEMPT OF COURT ACT

Dear all,

Mathews sir’s writ petition in Kerala HC challenging the concept of contempt of court Act is a marvelous effort, to promote democratic values of the nation. The efforts of Adv.Bijimon, in support of Mathews sir is laudable.

The foundation of democracy is laid on the concepts of freedom of speech and freedom to assemble and organise. The freedom of speech involves the fair criticism of the authorities, which are divided into executive, legislature and judiciary. The concept of criticism acts as a deterrent for the humans who are the tangible face of these organs against possible misuse of power or even human fallibility.

 But in our system, even when executive and legislature are open to fair criticism, the courts have developed a hyper sensitivity or pseudo level of honour and dignity. The dignity of an institution before the public shall evolve out of it's ability to face criticism and not from it's tyranny to silence it. The respect shall be commanded rather than demanded.   Even when the legislature has option to punish for it's contempt, it seldom uses it, even when the members are fiercely criticised by the public. The reason being, they are answerable to the people through ballot.

As the judiciary is not accountable to anybody, the tyranny is showing it's face time and again through the contempt of court Act. For every drop of hat, the ultimate weapon of contempt of court is used. By silencing the fair criticism, the judiciary is demeaning the democracy itself. That’s the danger zone of contempt of court Act.

Hence for the transparent, accountable and democratic judiciary, we need to promote fair criticism of institution and it's persons of authority and power.

All these are the demand of Mathews sir through the petition against the contempt of court Act. His vigour, enthusiasm and self drive are magnificent and his courage is splendid. It needs daring, even to follow him. But the objective is noble and attainable.

So let us support his effort in every possible way.  Of course, unity is strength.

...Adv.A.C.Philip.