A bench of CJI Kant and justice Joymalya Bagchi passed the order while hearing a plea filed by the Supreme Court Bar Association (SCBA), which initiated contempt proceedings after obtaining the attorney general’s consent. The bench dispensed with the personal appearance of the two respondents for the present.
“When personal liberty or any rights are jeopardised, each one of them has, in the past also, come to the court seeking rescue. Probably the courts have never lagged behind in protecting those rights. And if the same people condemn, criticise, take the courts left and right, it is very unfortunate. Very, very unfortunate,” CJI Kant verbally observed. “May better sense prevail. We can only pray,” he added.
Read more: SC to hear Maharashtra SIR plea on Oct 26; refuses to issue notice
The proceedings stem from remarks made by Wagle and Raut following the CJI’s decision to decline a request from a delegation of Opposition leaders, led by Rahul Gandhi, to meet him personally over issues concerning the functioning of the Election Commission of India (ECI).
Wagle had posted an abusive remark directed at the CJI on social media platform X after the decision became public. He subsequently deleted the post and tendered an unconditional apology.
Raut, meanwhile, criticised the refusal to meet the Opposition delegation, alleging that judges attended political programmes organised by the ruling BJP and participated in social engagements with political leaders. He also claimed that around 80 Supreme Court and high court judges had been seen playing badminton with political leaders in London.Read more: Supreme Court issues notice to ECI, CEC, ECs on Rahul Gandhi, other INDIA bloc leaders’ petition challenging SIR
SCBA approached AG for consent to initiate criminal contempt proceedings under Section 15(1)(b) of the Contempt of Courts Act, 1971. Attorney general R Venkataramani granted consent on October 15, observing that the remarks were prima facie scandalous and appeared intended to lower the esteem of the Supreme Court and particularly the CJI.
Senior advocate Pradeep Rai, appearing for SCBA, submitted that the association was pained to initiate contempt action but considered it necessary in view of the remarks. The notice requires the two respondents to explain why contempt proceedings should not be initiated against them.
Separately, the Supreme Court on Friday agreed to list on October 26 an interlocutory application filed by a woman journalist, alleging that Congress leader Rahul Gandhi pushed her inside the Supreme Court Registry during the Opposition’s October 12 march. Senior advocate Gaurav Bhatia mentioned the application before a bench headed by CJI Kant, seeking a hearing and clarification on the issuance of notice in the connected matters. The CJI said the application would be listed on October 26.
