The Supreme Court on Monday issued notice to the Kerala High Court and stayed the contempt proceedings issued against IPS officer JacobThomas.
Thomas, a serving officer in Kerala had challenged the contempt proceedings initiated against him. The suo motu contempt proceedings were initiated against Thomas after the Kerala HC learnt that Thomas had allegedly approached the Central Vigilance Commission (CVC) and sought an inquiry against two high court judges.
However, Thomas denied these charges and submitted that his complaint to the CVC was not specifically against the judges. Representing Thomas, senior advocate Dushyant Dave suggested that their names only found mention in the letter to highlight the fact that they had heard certain high profile matters. Dave clarified that the complaint filed by Thomas was against the prosecution, which according to him, was not properly pursuing high profile cases of corruption involving politicians and bureaucrats.
Dave argued that Thomas should not be subjected to such proceedings. The complaint was not against the judges but against the system. Dave also expressed his dismay at how public prosecutors are appointed through political influence.
Staying the proceedings, the bench comprising Justices AK Sikri and Ashok Bhushan said the HC should not be so “touchy.” It further observed that Thomas’ statements did not necessarily amount to contempt of court. Thomas was merely seeking to improve the system and opined that a clarificatory affidavit from Thomas was enough for the HC to dispose of the case.
THE BACKGROUND
The suo motu contempt proceedings were initiated against Thomas after the Kerala High Court learnt that Thomas had allegedly approached the Central Vigilance Commission (CVC) and sought an inquiry against two high court judges.
