The Supreme Court on Friday issued a contempt of court notice to journalist Nikhil Wagle and Shiv Sena (UBT) Rajya Sabha MP Sanjay Raut over their statements concerning Chief Justice of India (CJI) Surya Kant and judiciary [Supreme Court Bar Association v Nikhil Wagle and Anr]
A bench of CJI Kant and Justice Joymalya Bagchi passed the order on a contempt of court petition moved by the Supreme Court Bar Association (SCBA).
The Court asked Wagle and Raut to show-cause why contempt proceedings should not be initiated against them. The bench, however, did not accede to a request to summon them.
“We are giving a show cause ... as of now we are granting exemption for personal appearance. Let us see,” CJI Kant said.
CJI Kant remarked that courts have never lagged behind in protecting personal liberty or other rights and thus making such attacks on the institution was 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 courts left and right, it is very unfortunate. Very, very unfortunate."
CJI Kant further said,
"May better sense prevail. We can only pray."
Wagle and Raut had criticized the CJI's decision to decline a request from a delegation of opposition parties led by Congress leader Rahul Gandhi to meet him personally in connection with the functioning of the Election Commission of India (ECI).
Wagle had posted "**** you CJI!" from his X account in response to a report by The Hindu on the CJI's decision. He subsequently deleted the tweet and apologized for his post.
Raut had claimed that 80 Supreme Court and High Court judges were seen playing badminton with political leaders in London.
“You can meet them, play with them, have dinner or lunch with them, with Chief Ministers. You can suddenly resign to join a political party. You don’t care for principles and law then but when we want to meet you to save democracy…you say we will not meet political leaders,” Raut had said.
In another interaction with the media, Raut had said that judges freely attend political programs of the Bharatiya Janata Party (BJP) and that its Chief Ministers organize dinners to welcome them.
The SCBA found these statements scandalous and sought the Attorney General of India's consent for initiating contempt proceedings against them under Section 15(1)(b) of the Contempt of Courts Act.
AG R Venkataramani granted the consent on October 15, the same day the SCBA wrote to him.
"In my considered view the tweets made by Shri Nikhil Wagle, Journalist and Shri Sanjay Raut, Member of Parliament are prima-facie scandalous, intended to lower the esteem of the Hon'ble the Supreme Court of India and particularly the Chief Justice of India," the AG said in his consent letter.
Following the consent, the SCBA moved the Court.
SCBA President Pradeep Rai today argued that they had been observing Wagle and Raut's conduct.
"We are pained to approach the court to initiate contempt proceedings. One is a responsible Member of Parliament. Another is a very responsible senior journalist. We have been observing them," the senior counsel said.
He added that other people get instigated by such remarks.
"There are so many other persons. They are actually instigated by this, and they are doing something completely inappropriate and bringing the institution into disrepute," he said.
Solicitor General Tushar Mehta said he supports the petition moved by SCBA.
"Many of them understand...I support SCBA. .. Many of them understand. They do it deliberately...They misunderstand that it may successfully bring pressure on the government. They believe that it brings pressure. The attempt is there. It may be a futile one," Mehta said.