BJP leader files contempt case against CJP's Saurav Das for X post targeting P&H High Court Chief Justice

A Bharatiya Janata Party (BJP) leader has moved Punjab and Haryana High Court to seek contempt of court proceedings against Cockroach Janta Party (CJP) co-convener Saurav Das for imputing political motives to High Court's recent direction for release of pending dearness allowance/dearness relief (DA/DR) of Punjab government employees and pensioners.

The judgment was delivered by a Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor on August 03. Justice Mishra was then the Acting Chief Justice of the High Court.

The petition filed by advocate Nitin Garg, who is the State General Secretary of Bharatiya Janata Yuva Morcha (BJYM) Punjab Unit, the youth wing of BJP, alleges that Das on August 20 criticised the judgment and claimed that the matter was clandestinely withdrawn from another "independent bench" in violation of the roster.

The plea accuses of Das of making false claims about the Court's judgment.

In August, the High Court had directed the Punjab government to release up-to-date pending installments of DA/DR to all its employees and pensioners by August 31.

The Court had also ordered Punjab not to resort to any unproductive expenditures such as large-scale advertising campaigns in print or social media, till these dues are cleared.

In an August 20 post on X, Das claimed that the ACJ Mishra had withdrawn the "politically sensitive case" from another bench "that had a reputation of being" independent" in violation of the roster.

He also wrote that the Court had "passed an order on 3 August against the Government of Punjab, political adversary of the BJP, creating a financial liability of Rs 20,000 crores."

He even reduced the time period to pay the amount from 30 days to 15 days, which in all terms is a practical impossibility, Das wrote, adding that Punjab’s debt related issue was being raked up before the upcoming State assembly election.

Das had linked the judgment to Justice Mishra's elevation as the Chief Justice.

"Days later, on 6 August, the ACJ gets promoted as the Chief Justice of the same High Court. Is this a coincidence? If you remember, I had reported how the previous Chief Justice too had violated the roster to withdraw and list politically sensitive cases related to AAP-to-BJP defector MPs. That Chief Justice was elevated to the Supreme Court recently. Why are roster violations and misuse of master of roster powers being accepted? Several such instances in opposition ruled states. We must guard our institutions from being weaponised to meet political ends," Das had written.

Garg in his petition has argued that Das through his X post scandalised the Court's decision and described it as an instrument of party politics

According to the plea, the Court had not reduced the timeline from 30 days to 15 days but rather extended it to a "workable fresh time-limit".

It also states Justice Mishra was not elevated as the Chief Justice on August 6 but only recommended by the Supreme Court Collegium.

"To convert a recommendation into a “promotion”, and then to invite the reader to infer a quid pro quo with “the BJP”, is a knowing use of a false major premise to support a defamatory conclusion," the plea contends.

The plea further argues that Das's post was an attack on the collegium system, the Supreme Court and the entire edifice of judicial appointments.

The petitioner has thus sought initiation of criminal contempt of court proceedings against Das and takedown of his post on the X.

Garg has also urged the Court to direct Das to tender an unconditional apology on X.