Supreme Court asks Sanjay Raut and Nikhil Wagle why they should not face contempt over CJI remarks

The Supreme Court on Friday issued show-cause notices to Shiv Sena (UBT) MP Sanjay Raut and journalist Nikhil Wagle, asking them why contempt proceedings should not be started against them over their remarks about Chief Justice Surya Kant and the judiciary.

A bench of Chief Justice Kant and Justice Joymalya Bagchi acted on a plea by the Supreme Court Bar Association (SCBA). It turned down the association’s request to summon the two men, and for now excused them from appearing in person. “We are giving a show cause ... as of now we are granting exemption for personal appearance. Let us see,” the bench said.

The Chief Justice spoke of the court’s record. People had come to the court in the past, he said, “when personal liberty or any rights are jeopardised”. He called the attacks “very unfortunate”, adding: “Very, very unfortunate.” He ended: “May better sense prevail. We can only pray.”

What was said

Wagle’s post, addressed to the Chief Justice in profane language, came after a news report that the CJI had declined to meet an opposition delegation led by Rahul Gandhi over its concerns about the Election Commission. He has since deleted it and apologised.

Raut claimed that 80 judges of the Supreme Court and High Courts had been seen playing badminton with political leaders in London. He also alleged that judges attend BJP events and that BJP chief ministers host dinners for them. “You can meet them, play with them, have dinner or lunch, with Chief Ministers,” he said.

The SCBA argued that the remarks were scandalous and lowered the standing of the court. “We are pained to approach the court to initiate contempt proceedings. One is a responsible Member of Parliament,” said Pradeep Rai, appearing for the association.

A fast route to court

The case moved quickly. Under Section 15(1)(b) of the Contempt of Courts Act, a private party needs the Attorney General’s consent to bring a criminal contempt case. The SCBA wrote to Attorney General R Venkataramani on Thursday, and he gave his consent the same day. In his letter he said the posts by Wagle and Raut were “prima-facie scandalous”.

The notices come at a tense moment between the court and the opposition. A day earlier the court issued notices to Rahul Gandhi, Mallikarjun Kharge, Akhilesh Yadav and the Congress on a lawyer’s plea against the 12 October march by opposition leaders inside the Supreme Court premises, and heard Gandhi’s own petition against the Special Intensive Revision of electoral rolls.

Neither Raut nor Wagle had responded publicly to the notice by Friday evening. The date of the next hearing was not immediately known.