B. Kalam Pasha, Palakkad district judge who is in the thick of a controversy over his reported instruction to stop the dance performance of danseuse Neena Prasad midway through the programme last week, has warned a section of the lawyers of Palakkad of contempt of court proceedings for disturbing the functioning of the court.
A protest was organised by the Palakkad unit of the All India Lawyers Union on the court premises the other day.
In his letter to the president of Palakkad Bar Association, which was accessed by The Hindu, the judge said the police officers who asked Ms. Prasad to stop the performance acted in excess of his instructions. He noted that the Deputy Superintendent of Police to whom the message was conveyed to reduce the volume of the microphone used at the venue acted in excess of what was instructed.
Noting that a public prosecutor was among the protesters who shouted slogans on the court premises, the judge felt that the protest had disturbed the functioning of the court.
The judge referred to a Kerala High Court decision that dealt with a public protest organised by the CPI(M) in 2002 and hit the functioning of some courts. The High Court had held that “every judge and every staff of the court is a public servant and every advocate is an officer of the court” and no one shall obstruct their functioning and discharge of public duties. “Such action, apart from being an offence under the existing laws, would be an infraction of the fundamental rights guaranteed to the citizens of this country.”
While noting that the protest occurred “on the court premises by certain lawyers of Palakkad Bar in robes”, the judge felt that the Palakkad Bar had no role in it and it was not based on any decision taken by the Bar Association. “As a responsible Bar, I am sure that you will not act against the guidelines and directions” of the High Court, the judge noted.
Alerting the Bar Association president on the guidelines and directions contained in the High Court decision, the judge suggested him to take steps to “do whatever is necessary to avoid any consequences and maintain dignity of the Bar, in the light of the above decision.”
The judge also stated that he enjoyed dance and music and studied Carnatic music for six years and Bharathanatyam up to arangetram. The reported incident had evoked sharp response from various quarters after Ms. Prasad raised the issue through her Facebook post. Besides AILU, the Purogamana Kala Sahithya Samgham and a few others had protested against the halting of the dance performance.
While noting that none of the members of the Bar tried to ascertain the facts from himself or the police, the judge noted that with his “experience in art”, it was painful to know that allegations were made that he stopped the “dance programme through police due to religious reasons.”
K.K. Sudheer, the president of the Association, said the managing committee of the association would discuss the issue at its meeting to be held on Monday.
Mr. Pasha is the senior most District Judge of Kerala.
