Ram Jethmalani, Fali Nariman represent ex Army Chief, Indian Express in contempt proceedings; Special Bench directs VK Singh’s personal presence

Senior Advocate Ram Jethmalani is representing former Army Chief VK Singh in the suo moto contempt matter initiated against Singh by the Supreme Court for his remarks against the Court in relation to his age row case. Contempt proceedings have also been initiated against national daily, Indian Express that had published Singh’s remarks. Senior Advocate Fali S Nariman is representing Indian Express..The matter relates to certain comments made by Singh in an interview given to Asian News International (ANI) which was subsequently reproduced by Indian Express in its September 22 edition..When the case came up for hearing before a Special Bench today, Ram Jethmalani was absent with his junior seeking an adjournment. The Senior Counsel was evidently held up in another court. The Division Bench comprising of Justices RM Lodha and HL Gokhale was irked by this and came down upon the Senior Advocate’s conduct. “This Bench has been constituted specifically for this purpose [to hear the contempt petition]”, remarked Justice Lodha..He was supported by the Attorney General (AG) who said that he was also involved in the matter which Jethmalani was arguing in the other court but had excused himself to appear before the Special Bench. Subsequently, Jethmalani’s junior said that they had not received the paper book which further annoyed the Court. “If you had not received the paper book, you should have informed the office”, the Court said. The Court also observed that the AG should have brought the matter to its notice instead of the Court taking suo moto action..Subsequently, the AG read out the excerpts from the interview, with the Court taking a strong objection to the statements made by Singh. The Court said that.“If one can make remarks about the highest court like then we are heading for bad days…..We can’t allow the Court to be scandalised like this…..We welcome criticism of our judgments but not [the] motives attributed to those judgments.”.The AG undertook to place on record the compact disc of the impugned interview along with the relevant transcripts within 10 days. The Court recorded the same in its order and also directed VK Singh to submit his written response by November 15 and be personally present for the next hearing..Fali S Nariman, representing the Indian Express, submitted that though the paper had tendered an unconditional apology, he wished to submit before the Court issues with respect to the balance to be struck between freedom of speech and contempt. The Court agreed to hear Nariman’s arguments. The case will now be heard on November 20 at 2 pm.