New Delhi: The Supreme Court on Friday issued show-cause notices to journalist Nikhil Wagle and Shiv Sena (UBT) Rajya Sabha MP Sanjay Raut, asking why criminal contempt proceedings should not be initiated against them over their remarks against Chief Justice of India Surya Kant.
A bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a plea by the Supreme Court Bar Association (SCBA), which has sought criminal contempt action against the two. The court has dispensed with their personal appearance.
Senior Advocate Pradeep Rai, President of the SCBA, told the court that the association was “pained” to initiate contempt proceedings but argued that ignoring such remarks could encourage others to make similar statements.
“People don’t understand they are being trapped,” the CJI observed.
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Solicitor General Tushar Mehta, supporting the plea, said such statements were made deliberately in an attempt to intimidate the judiciary and put pressure on the court.
“Many understand; they do it deliberately. They misunderstand that it will bring pressure on court. It is an attempt to pressure the court, a futile exercise though,” he said.
The CJI said courts had consistently protected people’s rights, despite criticism.
“Courts have never lagged behind in protecting rights. If you still keep condemning, it’s very unfortunate. Hope better sense prevails on everyone,” he said.
Why has the SCBA sought contempt action?
The petition follows remarks made by Wagle and Raut after the CJI declined to meet a delegation of Opposition leaders in connection with protests over the Special Intensive Revision (SIR) of electoral rolls.
According to the SCBA’s petition, Wagle posted an expletive directed at the CJI from his social media account, @waglenikhil.
The association has also accused Raut of making false allegations against judges, including claims that they attend political events organised by the ruling party and accept dinners hosted by Chief Ministers.
The petition refers to Raut’s reported remarks about photographs allegedly showing judges playing badminton with political figures in London, which were cited to question the conduct of the CJI and other judges.
The SCBA has argued that such statements undermine public confidence in the judiciary and warrant criminal contempt proceedings.
Attorney General Granted Consent For Contempt Against Nikhil Wagle, Sanjay Raut
The SCBA filed the petition after obtaining written consent from Attorney General R Venkataramani, a requirement for initiating criminal contempt proceedings through a private petition under the Contempt of Courts Act.
While granting consent, the Attorney General observed that the remarks were prima facie “scandalous and intended to lower the esteem of the Hon’ble Supreme Court, particularly the Chief Justice of India”.
He also pointed out that allegations concerning judges allegedly playing badminton with political figures in London had been found to be false by the Delhi High Court.
The Supreme Court has now sought explanations from Wagle and Raut on why contempt proceedings should not be initiated against them.
