High Court of Kerala

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248

High Court of Kerala
I.A no. ___
In
W.P no. 14564 of 2006
1. I, Mathews J. Nedumpara, s/o Joseph Nedumpara, aged 64 years, residing at No. 11, DD Tudor Villa, Padam Road, Vaduthala, Cochin – 682023, do hereby solemnly afform and state as follows:
2. I am the Petitioner in the above writ petition and the Petitioner in the instant application for restoration. I know the facts of the case and am competent to swear to this affidavit.
3. I instituted the above writ petition in challenge of the various provisions of the Contempt of Courts Act, in particular, the concept of criminal contempt of Court by scandalization thereof. The concept of contempt of court is a cathartic jurisprudence belonging to the Dark Ages. Those who oppose the teachings of the church, i.e., heretics, atheists, were burned at the stake. The law of contempt since the dark ages has been used for curtailing freedom of thought and speech through fear of punishment for contempt. It is a great misfortune that even after independence and incorporation of Part III of the Constitution which guarantees freedom of thought, speech and expression, those who are critical of the functioning of the justice delivery system or those who dissent are hauled up for contempt. Contempt of court by scandalization is a concept which has become obsolete in most of the common law countries across the globe, and even in England where it had originated. It only exists in countries such as Pakistan, Bangladesh, India, Burma. As the citizen of a free democratic country, as a founder of an organization striving for judicial transparency and reforms, the abolition of the concept of contempt of court by scandalization, the above writ petition was something which was very close to my heart. However, the same came to be dismissed for non-prosecution by order dated 7.9.2023. I came to know of it only on 19.9.2023.
4. I did not receive any communication from the High Court of the listing of the case on 7.9.2023, at least to my knowledge. My clerk also failed to bring it to my notice. My non-appearance, therefore, was entirely due to bona fide reasons. There are no laches or inattention on my part. I am deeply regretful of the fact that I was not able to appear and argue my case. I owe an apology to this Hon’ble Court and I do so sincerely.
5. To restore the above case to the files of this Hon’ble Court and to hear and adjudicate the same on merits is absolutely necessary in the interest of justice. Hence the accompanying application for restoration.
I.A for restoration
a) to recall its order dated 7.9.2023 dismissing the above case for default and to restore the same to the files of this Court, hear the Petitioner and adjudicate on merits.

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