The Kerala High Court in the case Yeshwanth Shenoy V The Bar Council Of Kerala observed and has ordered the preservation of the recordings of audio-video of the proceedings which took place in the court of Justice Mary Joseph on February 9, wherein the lawyer had been indulged in alleged misbehaviour resulting in the initiation of suo motu contempt proceedings against him.
The bench headed by Justice Mary Joseph observed in the case wherein an order was passed on a writ petition filed by Advocate Yeshwanth Shenoy, who is facing the contempt proceedings wherein alleging contumacious conduct before Justice Mary Joseph. Lately, a writ petition was filed wherein challenging the show-cause notice issued by the Bar Council of Kerala over the alleged incident.
The bench comprising of Justice Shaji P Chaly in the case observed and has directed the preservation of the audio-video recordings, the court while taking a note of the fact that the petitioner has filed a letter before the Registrar General wherein seeking a copy of the records.
It has been argued before the court by Shenoy, appearing as party-in-person that the show cause notice had been issued by the Bar Council in violation of its own rules. Further, it has been submitted by him that he had not been served with a copy of the letter of the concerned judge, which is based on the proceedings initiated by the Bar Council against him.
The counsel, Adv Sivaraman appearing for the Bar Council of Kerala submitted before the court that a copy of letter issued by the judge to Bar Council had already been sent to Shenoy by speed post on 04.03.2023. It has also been argued by the counsel that it being within the powers of the Bar Council for taking up matters suo motu without any complaint being filed. Further, it has also been submitted by the counsel that Shenoy being free to file an objection to the show cause notice to which Shenoy replied that he has already filed his objection on 07.03.2023.
The court observed and has refused to stay the proceedings against Shenoy and he is being entitled for filing his objection and participate in the proceeding against him.
A writ petition has been filed by Shenoy wherein it is alleged that Justice Joseph was hearing only 20 cases on a day. The suo motu contempt case was initiated against him two weeks before. Accordingly, the bench issued a notice to the lawyer on February 28.
