In his deposition before a UK court, Justice Katju said that Nirav Modi is unlikely to get a fair trial back home in India and may be turned into a "convenient scapegoat".
A PIL has been filed in the Supreme Court seeking legal action against former Supreme Court judge, Justice Markandey Katju for bringing disrepute to the Indian judicial system while deposing before a court in the United Kingdom.
The PIL filed by one Nand Kishore Garg alleges that Justice Katju tarnished the Indian judicial system's image "by insinuating the defamatory allegations while deposing before foreign court of Westminster magistracy of United Kingdom".
Justice Katju recently deposed before a UK Court in relation to the extradition case against fugitive businessman Nirav Modi. Katju J, in his deposition, said that Modi is unlikely to get a fair trial back home in India and may be turned into a "convenient scapegoat".
In doing this, Katju J cast aspersions on the Indian judiciary and the same would affect public confidence in the legal systrem, the PIL avers. It states,
"The depositions made by Mr Katju is highly derogatory and insulting to the entire judicial system of India. His allegations amount to questioning the very credibility of judicial institution where millions of citizens are reposing their faith and trust."
Moreover, the allegations made by Justice Katju questioning the Indian judicial administration are "unfounded" and erode public confidence in the judicial system. This calls for the courts to take exemplary action against individuals that "routinely lower the integrity of the judicial system", the petition says.
"The image our judiciary has lowered down following the highly derogatory deposition where serious allegations have been made only to protect the interest of fugitive accused. The Indian judiciary must not take this issue casually as such derogatory deposition made the entire judiciary suspect in the eyes of international community."
In addition to legal action against Katju J, the petition prays for a court-monitored high powered committee to look into the disparaging remarks made by the former judge.
The petitioner has also asked the Court to lay down broad guidelines on issues concerning public criticism of judges and and the judiciary by those who were once part of the judicial system. Also sought for are broad guidelines for depositions and statements to be made before courts of foreign countries.
The petition is filed through Advocate Shashank Deo Sudhi.
