HC frames charges against VS

By Our Staff Reporter

KOCHI, OCT. 31. A Division Bench of the Kerala High Court on Wednesday framed contempt of court charges against Mr. V. S. Achuthanandan, Leader of the Opposition, and Mr. K. Pankajakshan, national secretary, Revolutionary Socialist Party (RSP) for taking out processions, disobeying directives on processions and demonstrations issued by a Full Bench of the Kerala High Court.

The Bench comprising Mr. Justice P. K. Balasubramanian and Mr. Justice. C. N. Ramachandran Nair read out the charges to Mr. Achuthanandan and Mr. Pankajakshan who appeared in person today before the judges. The political leaders then denied the charges. The case has now been posted to December 3 for trial.

The Bench had earlier decided to frame contempt of court charges against the leaders as it found that they had prima facie disobeyed the guidelines and directives on demonstrations and processions issued by a Full Bench of the High Court.

The court observed that "by not seeking to obey these directives in letter and spirit", they had prima facie "left themselves open" to the framing of contempt charges.

The contempt petition was filed by Mr. Thariyan Joseph, High Court lawyer. According to him, Mr. Pankajakshan, had taken out a procession in connection with the national convention of the RSP in Kollam on February 14, 1999, violating the Full Bench's guidelines on procession and demonstrations.

Mr. Justice K. G. Balakrishnan, former Chief Justice of the Gujarat High Court, who was also then functioning as the Acting Governor of Gujarat and now a Supreme Court judge could not travel from Thiruvananthapuram to Ernakulam because of the procession.

Mr. Achuthanandan who led a procession in connection with a hartal on February 9, 1999, in Thiruvananthapuram had also flouted the High Court's guidelines.

The guidelines and directives on processions and demonstrations were issued by the Full Bench while declaring the holding of bandh as unconstitutional.

The guidelines include giving advance notice of such processions, allowing pedestrians to cut across processions once in every 10 minutes and a ban on processionists occupying the entire breadth of road and thus obstructing pedestrian and vehicular traffic and carrying lengthy banners covering the entire breadth of the road etc.

The petitioner alleged that the actions of the two political leaders amounted to willful disobedience of the guidelines.

Besides, the then Kollam District Collector, the then Kollam Superintendent of Police and other police officers have also been accused of committing contempt of court.

The court, however, had decided not to frame contempt of court charges against them as it felt that they had performed their duties and did not attempt to violate the guidelines or abet others to violate the same.

The Bench while deciding to frame charges against the two political leaders had observed that these two leaders had not tendered any apology after admitting that they had committed contempt of court.

As responsible leaders committed to the cause of the State, welfare of the people and the Constitution, one would have at least expected that they would express regret for their actions and offer their apology to the court.

But, they had chosen not to do so. Besides, they had not "responded to their duties". It was the duty of the political leaders to see that not only the people were allowed to enjoy their freedom, but also that their followers did not interfere with the freedom of others.

In this case, the political leaders did not try to educate their followers on the need to obey the directives. In one case, the procession was taken out even without giving advance notice.

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Section  : Southern States
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