TN Advocate General recalls former AG's order declining consent to initiate contempt of court case against S Gurumurthy

Incumbent Advocate General of Tamil Nadu, R Shunmugasundaram has recalled the order passed by former Advocate General Vijay Narayan whereby the latter had declined to grant permission to initiate contempt proceedings against the editor of Thuglak magazine, S Gurumurthy.

. In an order dated September 27, 2021, AG Shunmugasundaram issued notice in the matter and intimated his decision to recall AG Vijay Narayan's March 31, 2021 order on the issue.

. Two petitions seeking permission to initiate contempt proceedings against Gurumurthy have been posted by AG Shunmugasundaram for final hearing on November 12.

. It may be recalled that earlier this year, two lawyers , Advocates S Doraiswamy and P Pugalenthi, had sought the Advocate General's permission to initiate contempt proceedings against Gurumurthy over certain remarks made by him about High Court judges during a magazine event in January 2020.

. The then Advocate General Vijay Narayan, who represented the AIADMK-led State government, had declined to grant consent in Advocate S Doraiswamy's plea in March this year.

. After perusing the speech made by Gurumurthy, AG Narayan had opined that Gurumurthy had not intended to denigrate the Court or the Judicial system. Rather, the remarks were aimed at explaining the " systemic flaws and delays in the enquiry, investigation, administrative, executive and legal process," he found.

. AG Narayan tendered his resignation from office shortly after, when the DMK assumed power following the ensuing State Legislative Assembly polls in April.

. Senior Advocate R Shunmugasundaram was appointed as the next Advocate General to represent the DMK-led State government.

. Subsequently, Advocate Doraiswamy moved a petition to recall the order dismissing his earlier plea. His counsel, Advocate V Elangovan submitted that the earlier dismissal order was passed my mistake without considering the time granted to file an english translation of Gurumurthy's speech.

. AG Shunmugasundaram noted that there is no record to reflect that such time was granted.

. All the same, he further noted that an email dated March 30 and a physical copy of a communication dated March 29, which received the seal of the AG on March 31, probablised the petitioner's case that a translation of Gurumurthy's comments were asked for as the former Advocate General was not able to read Tamil. AG Shunmugasundaram further opined that this concern cannot be easily brushed aside.

. In the meanwhile, another lawyer, Advocate S Kumaradevan, represented by M/S P Sesubalan Raja and S Venkatesh , also moved a plea to initiate contempt proceedings against Gurumurthy.

. AG Shunmugasundaram opined that both petitions were on the very same issue and that the disimissal of one may prejudicially affect the other. An opportunity must be given to Kumaradevan as well to be heard, the AG observed. As such, the AG has issued notice and posted both consent petitions for final hearing on November 12.

. The order of dismissal in Doraiswamy's consent petition was recalled and restored to the file of the Advocate General.

. Gurumurthy was represented by Advocate S Ravi.

. [Read Order]

TN Advocate General recalls former AG's order declining consent to initiate contempt of court case against S Gurumurthy

Bar & Bench

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