M.V JAYARAJAN, C.P.M LEADER WALKED OUT FROM POOJAPURA JAIL
The CPM leader M V Jayarajan, who was sentenced for six months' imprisonment in a contempt of court case by the Kerala High Court last week, has been released on bail Wednesday, 16th November, 2011, from Poojappura central jail as per the order from the Supreme Court.Jayarajan was jailed for six months by the Kerala High Court for using derogatory language against its judges.An apex court bench of Justice R.M. Lodha and Justice H.L. Gokhale assailed the high court for not affording Jayarajan an opportunity to appeal againt his conviction and sentencing.'You cannot deny a person right to a judicial process,' the bench said.The apex court also took note of the use of words like 'reptile' and 'worm' in the high court's judgment.
At the same time the SC also came down heavily against the CPM. The CPM protest campaign in front of the HC on Tuesday,15th November, against the HC verdict was intimated to the SC by the lawyer who presented on behalf of the HC. The court asked how can they protest against a constitutional verdict. This is a serious issue, felt the court.
At the same time the SC also came down heavily against the CPM. The CPM protest campaign in front of the HC on Tuesday,15th November, against the HC verdict was intimated to the SC by the lawyer who presented on behalf of the HC. The court asked how can they protest against a constitutional verdict. This is a serious issue, felt the court.
M.V. Jayarajan who was sentenced by the Kerala High Court in a contempt of court case Tuesday got bail from the Supreme Court.
A bench comprising of Justices R.M. Lodha and H.L. Gokhale accepted Jayarajan's appeal and granted bail. The court also said that the High Court order that did not allow him to appeal was exceptional. Jayarajan in his appeal had said that the high court verdict was prejudiced and that he did not try to defame the judiciary.Taking a strong view of offensive remarks made against judges and the judiciary by Jayarajan, the Kerala High Court had sentenced him to six months imprisonment.
The division bench of the court had held that by making the offending speech at Kannur last year, Jayarajan was ridiculing in public, performance of two high court judges and making "scurrilous, offensive, vicious and malicious onslaught on the higher judiciary that too beyond controllable limits." The bench comprising justices V Ram Kumar and P Q Barkat Ali held Jayarajan, a former MLA from Kannur, guilty under sec 12 of the Contempt of Court Act and noted during the trial, he had gone to the press justifying his act, including using the word 'shumban' (a derogatory term which in local parlance means a useless person) against the judges.
Jayarajan's plea to suspend the sentence to enable him to file appeal in the Supreme Court was turned down by the court.
Prof. John Kurakar
A bench comprising of Justices R.M. Lodha and H.L. Gokhale accepted Jayarajan's appeal and granted bail. The court also said that the High Court order that did not allow him to appeal was exceptional. Jayarajan in his appeal had said that the high court verdict was prejudiced and that he did not try to defame the judiciary.Taking a strong view of offensive remarks made against judges and the judiciary by Jayarajan, the Kerala High Court had sentenced him to six months imprisonment.
The division bench of the court had held that by making the offending speech at Kannur last year, Jayarajan was ridiculing in public, performance of two high court judges and making "scurrilous, offensive, vicious and malicious onslaught on the higher judiciary that too beyond controllable limits." The bench comprising justices V Ram Kumar and P Q Barkat Ali held Jayarajan, a former MLA from Kannur, guilty under sec 12 of the Contempt of Court Act and noted during the trial, he had gone to the press justifying his act, including using the word 'shumban' (a derogatory term which in local parlance means a useless person) against the judges.
Jayarajan's plea to suspend the sentence to enable him to file appeal in the Supreme Court was turned down by the court.
Prof. John Kurakar
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