On February 8, the court had directed Cherian to compulsorily appear before the Court after noting that he had not appeared despite the Court’s earlier direction to be present.
When the court enquired with the registry about his absence on the same day, the Court was informed that Cherian had come to the High Court but did not appear before the bench as the security officer did not allow his fellow party members to accompany him inside the Court.
Thereafter, the bench proceeded to order that Cherian be personally present before the Court at 10.15 a.m. on Tuesday failing which the Court would be “constrained to enforce his presence.”
“Sri. Nipun Cherian will do well to appreciate and understand that he is an accused facing trial in a very serious case of Criminal Contempt, and his absence on any of the dates fixed for trial before this Court will not be taken lightly by this Court. As an accused facing trial, Sri. Nipun Cherian does not have any right, either moral or legal, to direct the manner in which the trial has to be conducted. He cannot also choose the time and date of his appearance before this Court and the companions or the coterie that must accompany him on those occasions,” the Court’s order on February 8 stated.
Since Cherian didn’t appear on Tuesday either, the Court directed the police to issue non-bailable warrant for his arrest and production.
Source: Barandbench
