"Let them say whatever they want to say:" Bombay High Court on contempt plea against Shiv Sena leaders, CM

The Bombay High Court on Wednesday that it is not bothered by the remarks made by political leaders against judges and the shoulders of the Court are broad enough to take criticism [Indian Bar Association v. Sanjay Raut & Ors.]..A bench of Chief Justice Dipankar Datta and Justice VG Bisht made the remarks after a public interest litigation (PIL) petition was mentioned before the bench for early listing. The PIL has sought initiation of contempt of court proceedings against Maharashtra Chief Minister Uddhav Thackeray, Shiv Sena Member of Parliament Sanjay Raut, Maharashtra Home Minister Dilip Walse Patil and publisher of Saamana (Marathi newspaper published by Shiv Sena), Vivek Kada for remarks against judiciary. "Let them say anything they want to say about the judiciary. Our shoulders are broad enough for such remarks. As long as our conscience is clean.. let them say whatever," the CJ remarked. The Court initially said that the matter be listed after summer vacation. However, the counsel pointed out that the remarks by the respondents were made despite efforts of the court. "Ok handover your precipe, we will see," the bench said. .Let them say anything they want to say about the judiciary.Bombay High Court .The plea filed by Indian Bar Association said that the respondents who hold ministerial positions are involved in a campaign to scandalize the entire judicial system only because judgments rendered by courts do not suit them."Their plan to keep their opponents in jail or to cause them harassment by misuse of power and police machinery are failed due to the orders of this Court and the Supreme Court," the plea added.The plea gave various instances of such conduct including the latest involving Bharatiya Janata Party leader Kirit Somaiya and Raut.Somaiya exposed many frauds committed by party leaders belonging to Shiv Sena. Incidentally, the plea stated, two of the ministers linked to the party, former Home Minister Anil Deshmukh and present Cabinet Minister Nawab Malik both part of the coalition government are in judicial custody:Raut in turn supposedly exposed an offence of 2013 where he alleged that Somaiya and his son had misappropriated funds received from people in their drive to save the Indian Naval Ship (INS) Vikrant from decommissioning.After this, an FIR was registered against Somaiya, and while his anticipatory bail was rejected by the Sessions Court, the High Court granted him interim anticipatory bail.After the order, Raut allegedly gave interviews and made scandalous statements that the judges of courts particularly the Bombay High Court, are granting reliefs to BJP members and not granting relief to the accused ministers of their party."The double standards and hypocrisy of respondents can be seen from the fact that whenever judges of this Court are passing orders in favour of State Authority and against people who are connected to BJP like Arnab Goswami and others then they are using said judgments as justice done and whenever the judgment is not as per their wish then they are making baseless, scandalous, unsubstantiated and defamatory allegations against the judges and blaming entire judiciary by terming the corrupt. This proves their dishonesty and such people needs to be punished severely," the plea stated.The petitioner submitted that the judges are under tremendous pressure since and each and every order passed by them are being scanned and defamed by the contemnors."This is a greatest threat to the independence of judiciary and if such tendency is not checked in time then it will lead to very mischievous consequences thereby putting the rule of law in to jeopardy which cannot be permitted at any cost," the plea highlighted.In view of this, the association has asked the High Court to take suo motu cognizance of the contempt committed by the respondents.

"Let them say whatever they want to say:" Bombay High Court on contempt plea against Shiv Sena leaders, CM

Neha Joshi

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