Keywords: V4 Kochi, corruption allegations, fair criticism, extraneous consideration, suo motu.
On Thursday the Kerala High Court refused the request of the Nipun Cherian to stay the sentence by which he can make a appeal in the Supreme Court. The High Court said that the appeal can be preferred even while serving the sentence.
Cherian is a ‘V4 Kochi’ President who gave a speech in front of farmers, fishermen, and representative of the local people of Chellanam. In the speech he levelled corruption allegations on the sitting High Court Judge. Where the same speech was live streamed in the Facebook page in the year 2022. ‘V4 Kochi’ is a political organization cum movement based out of Kochi.
The court observed the following:
• Fair criticism is accepted but the court cannot remain mute when a impression is created in the minds of public regarding the Judges of the Higher Courts who work on extraneous considerations while deciding cases.
• The words of Cherian in the speech was merely had hearsay statements and did not establish any truth.
• The court directed the Station House Officer, Cyber cell, Ernakulam to take necessary steps to remove the offending speech from all social media platforms.
The Kerala High Court sentenced Nipun Cherian for 4 months of simple imprisonment and Rs.2000 fine in the suo motu competent case. It further asked to set of the days of which he has already spent in jail while conducting the proceedings regarding the case.
Name: Manaswini Datar, Karnataka State Law University, 8th Semester, intern under legal vidhiya
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