The Supreme Court today directed Shiv Sena (UBT) MP Sanjay Raut and Journalist Nikhil Wagle to appear before the court for the next hearing in a case over allegedly derogatory remarks against CJI Surya Kant. The court directed Raut to appear in person, while directing Wagle to appear virtually on November 17.
“Having regard to the magnitude of the issue involved, we are of the view that R1 (Wagle) shall appear virtually on the next date of hearing… We direct R2 (Raut) to be present physically before this court on the next date of hearing,” the Bench of Justice Arvind Kumar and Justice Vipul M Pancholi ordered.
Appearing for Wagle, Senior Advocate Indira Jaising sought discharge of the show-cause notice. She submitted that Wagle had offered an unconditional apology. She further highlighted that Wagle had no political affiliation in his five-decade career as a journalist.
On the contrary, Senior Advocates Pradeep Rai and Rahul Kaushik, who appeared for the petitioner, submitted that Wagle had not deleted the allegedly abusive post until the notice was served.
In Raut’s case, the petitioner’s counsels submitted that Raut made the controversial remarks despite the Delhi HC prohibiting the circulation of reports regarding judges playing badminton in London. They further submitted that Raut had posted a tweet implying India may face a similar situation to Albania, where the Supreme Court was burned some time ago.
Considering the implications of the matter over the entire institution of the judiciary, the bench also sought Senior Advocate Jaising’s assistance.
“I am always there to assist because we love the institution. But the institution must also love us. There are situations where the legal profession does feel very frustrated,” Jaising said on a lighter note.
The matter will be taken up next on November 17 at 2 pm for further hearing.
What is the case against Raut and Wagle?
The controversy arose after CJI Surya Kant refused to meet LoP Rahul Gandhi in relation to the functioning of the Election Commission of India and the controversial Special Intensive Revision (SIR) exercise, citing judicial independence.
In the aftermath, Wagle posted allegedly derogatory content targeting CJI Surya Kant. However, the post was eventually deleted by him.
Similarly, Raut, while speaking to the media, alleged that the SC and HC judges attend political programmes organised by the ruling party. He further claimed that judges had played badminton with politicians in London.
The Supreme Court Bar Association condemned Raut and Wagle’s actions. On October 15, it initiated a criminal contempt case against the two under the Contempt of Courts Act, 1971, after receiving consent from Attorney General R. Venkatramani.
On October 16, the top court had issued a show cause notice to Raut and Wagle, observing that the attacks on the judiciary were deeply unfortunate.
“When personal liberty or any rights are jeopardised, each one of them has, in the past also, come to the court seeking rescue. Probably the courts have never lagged behind in protecting those rights. And if the same people condemn, criticise, take the court left and right, it is very unfortunate. Very, very unfortunate… May better sense prevail. We can only pray,” CJI Surya Kant had said.
