[Cites 1, Cited by 0]
Kerala High Court
Suo Motu Proceedings Initiated By The ... vs Shibu Mohan on 23 February, 2026
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2026:KER:15903
Con Case (Crl) 1/2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
CONT.CAS.(CRL.) NO. 1 OF 2026
AGAINST THE JUDGMENT DATED 30.10.2025 IN WA NO.942 OF 2024
OF HIGH COURT OF KERALA
PETITIONER:
SUO MOTU PROCEEDINGS INITIATED BY THE HIGH COURT
RESPONDENT:
SHIBU MOHAN, AGED 34 YEARS, S/O A.MOHANAN NAIR,
THULASI VILASAM, MOONUMUKKU,
EDAKKODE P.O, KIZHUVILAM,
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS.
SHRI. BEJOY JOSEPH P.J.
SRI.M.RAMESH CHANDER (SR.)
SHRI. GOVIND G. NAIR
SRI.BALU TOM
SRI.BONNY BENNY
THIS CONTEMPT OF CASE (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:15903
Con Case (Crl) 1/2026 2
JUDGMENT
K.V. Jayakumar, J.
This Contempt proceeding has been initiated on the basis of the
directions issued by a Bench of this Court, while passing judgment in WA
No. 942 of 2024 dated 30.10.2025.
Brief facts
2. WP(C) No. 18665 of 2024 was filed before this Court in the
name of Smt. Abhila Madhavan Nair as the petitioner. Smt. Abhila
Madhavan Nair is the wife of the respondent, Sri. Shibu Mohan. The said
writ petition was instituted by the respondent without her knowledge or
consent. It was filed seeking to set aside the proceedings initiated by the
passport authorities against the respondent. The passport of the respondent
was impounded by the passport authority on the grounds that he had
obtained a renewal of his passport by suppressing the pendency of a criminal
case, Crime No. 1105/2022 registered under section 420 of the Indian Penal
Code by Attingal Police Station.
3. The writ petition was dismissed by the Single Bench of this
Court on 06.06.2024. Impugning the judgment of the learned Single Judge,
WA No. 942 of 2024 was preferred by showing the name of Smt. Abhila
Madhavan Nair as the appellant. On 22.08.2024, the Division Bench of this
Court issued Annexure -A interim order permitting the respondent to return
2026:KER:15903
Con Case (Crl) 1/2026 3
to India to facilitate an opportunity for him to approach the competent
Magistrate Court to seek necessary permission to travel abroad and for the
issuance of a No-Objection Certificate and deferred the impounding of his
passport for a period of six weeks. Pursuant to the said interim order, the
respondent came to India, appeared before the jurisdictional Magistrate,
obtained permission of the learned Magistrate, and returned to Dubai.
4. On 15.10.2024, the appellant's counsel sought permission from
this Hon'ble Court to withdraw the writ appeal. At that time, the learned
Senior Government Pleader submitted that Smt. Abhila Madhavan Nair had
filed a complaint before the police and the passport authorities stating that
the writ petition as well as the writ appeal had been filed without her
knowledge or consent. The Division Bench has directed the Registry to
submit a report regarding the complaint filed by Smt. Abhila Madhavan
Nair, and sought an explanation from Adv. V.S. Nowshad on the
authentication of the affidavit.
5. Sri. V. S. Nowshad submitted Annexure-C explanation,
wherein it is stated that Smt. Abhila Madhavan Nair was not present before
him at the time of affirming the affidavit. Thereafter, the Division Bench of
this Court issued Annexure-D show cause notice to the respondent directing
him to explain the alleged impersonation.
6. Subsequently, the Registrar (Judicial) conducted a formal
enquiry and submitted a report. In the said report, it is stated that the writ
petition as well as the writ appeal were filed without the knowledge or
consent of Smt. Abhila Madhavan Nair. It is further reported that the
2026:KER:15903
Con Case (Crl) 1/2026 4
Vakalat, affidavit, and connected papers were not signed by her; instead, the
respondent had forged the signatures of his wife.
7. In the meantime, the respondent filed an Interlocutory
Application seeking permission to return to Dubai. During the pendency of
the said Interlocutory Application, he attempted to leave the country in
violation of the interim order dated 09.12.2024. However, he was deboarded
from the flight to Abu Dhabi on 22.08.2025, and the matter was reported to
this Hon'ble Court by the Foreigners Regional Registration Officer.
8. On 30.10.2025, the Division Bench of this Hon'ble Court
dismissed W.A. No. 942 of 2024, holding that the conduct of the respondent
in filing the writ petition as well as the writ appeal in the name of his wife
without her knowledge, and his attempt to leave the country without the
permission of the Court and in violation of its order, constitute contemptuous
acts. Pursuant to the directions issued in the writ appeal, the present suo
motu contempt proceedings are initiated.
9. On 08.01.2026, this Court issued Form No.1 notice to the
respondent directing him to appear before this Court in person or through an
advocate duly instructed.
10. When the matter was taken up on 12.02.2026, the respondent
appeared in person. Sri. Ramesh Chander M., learned Senior Counsel,
appeared before us as instructed by Sri. Bijoy Joseph.
11. The learned Senior Counsel has filed an affidavit tendering an
unconditional apology and stating that the respondent sincerely repents for
his actions.
2026:KER:15903
Con Case (Crl) 1/2026 5
12. We have gone through the affidavit filed by the respondent.
Since it was not in conformity with Rule 14(a) of the Contempt of Courts
(High Court of Kerala) Rules, 1988, we have issued directions to file
additional affidavits.
13. In pursuance of the interim order dated 12.02.2026, the
respondent filed an additional affidavit. Paragraphs 2, 3, 4 and 5 are
extracted hereunder:
"2. I respectfully submit that I am served with draft
charges along with Contempt of Court Case. I have read and
understood the charges which have been leveled against me.
I plead guilty to the charges levelled against me in this
Contempt of Court Application.
3. It is most respectfully submitted that the affidavit
filed by me on 11.02.2026 may be considered as a part of
this affidavit. I reiterate that I sincerely apologize for the
inconvenience caused to this Honourable Court. I would
respectfully submit that my apology is genuine and bonafide
and I never had any intention to interfere with the
administration of justice.
4. In deference to the judgment of the Division Bench
of this Honourable Court I have paid Rs. 1,50,000/- to the
Kerala Legal Services Authority. The original of the receipt
issued by the office of the Kerala Legal Services Authority
evidencing the payment of the said amount is produced
herewith and marked as Annexure - A1. The Division
Bench of this Honourable Court as per Annex. K judgment
has directed to pay an amount of Rs. 1,50,000/- to my wife
Mrs. Smt. Abhila Madhavan Nair through her counsel Sri.
P.M.Unni Namboodiri, who informed my representative that
the amount may be paid to the client directly to her. Her
bank account details were also furnished. The bank account
details of Smt. Abhila Madhavan Nair is as follows:
2026:KER:15903
Con Case (Crl) 1/2026 6
ABHILA M.R.
Indian Overseas Bank
Keezhattingal Branch
A/c: 077901000013431
IFSC: IOBA0000779
5. It is respectfully submitted that in order to pay the
amount of Rs.1,50,000/- in the above account, I had
approached the Indian Overseas Bank, Kaloor branch.
However they informed me that an amount of Rs.49,999/-
alone can be credited as there is some difficulty in remitting
the total amount of Rs. 1,50,000/- in the above account.
The reason stated was that the account holder's PAN Card
has not been upgraded in the account. Therefore based on
the advice of my counsel, I have taken a demand draft
bearing No.914555 on 17.02.2026 for Rs. 1,50,000/- in
favour of Smt. Abhila Madhavan Nair, which I have handed
over to my Advocate. The photostat copy of the demand
draft bearing No. 914555 on 17.02.2026 taken in the name
of Smt. Abhila Madhavan Nair is produced herewith and
marked as Annexure A2. It is respectfully submitted that I
have therefore complied with the directions issued by this
Honourable Court in Annex.K judgment."
( Emphasis supplied)
14. The respondent appeared in person before us and reiterated the
statements contained in his affidavits. The respondent submitted that he
sincerely repents for his actions. In tune with the directions issued by this
Court, the contemnor has remitted a sum of Rs 150,000/ with the Kerala
Legal Services Authority and a sum of Rs 150,000/ has been paid to Smt.
Abhila Madhavan Nair.
15. After hearing the respondent and learned counsel on either side,
we are satisfied that the apology tendered by the respondent is genuine,
2026:KER:15903
Con Case (Crl) 1/2026 7
unequivocal, and in strict compliance with the requirements of Rule 14(a) of
the Contempt of Courts (High Court of Kerala) Rules, 1988. The apology
does not appear to be a mere formality or an attempt to evade consequences;
rather, it reflects a clear acknowledgment of the lapse on the part of the
contemnor and an expression of regret in terms contemplated by the Rules.
After considering the entire facts and circumstances, we deem it appropriate
to accept the unconditional apology tendered by the contemnor. Accordingly,
the respondent stands discharged from these contempt proceedings.
16. Before parting, we make it clear that the closure of this
contempt petition shall not be construed as an expression of opinion on the
merits of any other matter, nor shall it affect or impede any pending or future
civil or criminal proceedings initiated against the contemnor in connection
with the allegations that gave rise to the present proceedings. Those
proceedings, if any, shall be considered independently by the jurisdictional
forum and in accordance with law.
The Contemnor is discharged and this Contempt of Court Case is
closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
msp
2026:KER:15903
Con Case (Crl) 1/2026 8
APPENDIX OF CONT.CAS.(CRL.) NO. 1 OF 2026
PETITIONER ANNEXURES
Annexure A INTERIM ORDER DATED 22.08.2024
Annexure B INTERIM ORDER DATED 15.10.2024
Annexure C EXPLANATION TENDERED BY ADV. V. S. NOWSHAD
Annexure D INTERIM ORDER DATED 29.10.2024
Annexure E INTERIM ORDER DATED 09.12.2024
Annexure F ENQUIRY REPORT SUBMITTED BY REGISTRAR
JUDICIAL
Annexure G INTERIM ORDER DATED 28.07.2025
Annexure H EXPLANATION OF ADV. V.S. NOWSHAD IN
COMPLIANCE OF ORDER DATED 28.07.2025
Annexure I EXPLANATION OF SHRI. SHIBU MOHAN IN
COMPLIANCE OF ORDER DATED 28.07.2025
Annexure J REPORT OF FOREIGNER'S REGIONAL REGISTRATION
OFFICER (FRRO) DATED 25.08.2025
Annexure K JUDGMENT IN WA 942/2024 DATED 30.10.2025
RESPONDENT ANNEXURES
A1 THE ORIGINAL OF THE RECEIPT ISSUED BY THE
OFFICE OF THE KERALA LEGAL SERVICES AUTHORITY
EVIDENCING THE PAYMENT
A2 THE PHOTOSTAT COPY OF THE DEMAND DRAFT
BEARING NO.914555 ON 17.02.2026 TAKEN IN THE
NAME OF SMT.ABHILA MADHAVAN NAIR
