The Supreme Court on Monday criticised the tendency to make assumptions that justice would not be served when a matter involving a political figure is heard by a High Court.
The Court was hearing a case in which it had recently issued notice a litigant Peddi Raju and his lawyers, asking them to explain why contempt of court proceedings should not be initiated against them for allegedly making scurrilous allegations against Telangana High Court judge, Justice Moushumi Bhattacharya.
The allegations in question were made in a petition to transfer a case in which Telangana Chief Minister A Revanth Reddy got relief, to a court other than the Telangana High Court.
The High Court had quashed certain criminal charges filed against him under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
Today, the Bench of Chief Justice of India (CJI) BR Gavai, Justice Vinod Chandran and Justice Atul S Chandurkar asked Raju and his lawyers to apologize before Justice Bhattacharya. The Court added that it would be up to Justice Bhattacharya to decide whether to accept the apology or not.
However, it also noted,
"Recently a three-judges bench of this court to which two of us were party, deciding a reference with regard to difference of opinion regarding two learned judges of this court, it was held that wisdom lies in forgiving rather than punishing in such cases and the apology of lawyer was accepted."
In the order passed today, the top court also noted that such allegations in a petition amount to contempt of court.
"We have noticed that nowadays it has become a trend among lawyers to critique judges of HC and trial courts. It has become a trend that when matter involves a political figure, there is an assumption that there cannot be justice in the High Court," it added.
The Court further remarked that High Court judges as constitutional authorities enjoy the same immunity as Supreme Court judges.
"Under constitutional scheme, they have same respect as the Supreme Court, Supreme Court does not have any administrative control over High Court or the judges of High Court. When such allegations are made against HC judges, it is duty of this court to protect them," the CJI-led bench emphasized.