The Supreme Court on Wednesday summoned Shiv Sena (UBT) member of Parliament Sanjay Raut and journalist Nikhil Wagle in a contempt case filed over their objectionable social media posts against Chief Justice of India (CJI) Surya Kant.
Section 2(c)(i) of the Contempt of Courts Act defines criminal contempt to mean any publication that scandalises, tends to scandalise, lower or tends to lower the authority of any court.
The petition said that the remarks, an expletive from Wagle, and an insinuation by Raut of judges coming under political influence , came after CJI Kant on October 11 refused to meet Leader of Opposition in Lok Sabha Rahul Gandhi and Rajya Sabha Leader of Opposition Mallikarjun Kharge citing “separation of powers” and the issues regarding Election Commission and Delhi protests which are both “sub-judice” . Even the Attorney General while granting consent said, “In my considered view the tweets made by Nikhil Wagle, journalist and Sanjay Raut, Member of Parliament are prima facie scandalous, intended to lower the esteem of the Supreme Court of India and particularly the CJI.”
It further directed Wagle to remain virtually present on November 17, the next date of hearing. The court said, “Having regard to the magnitude of the issue involved, we are of the considered view that respondent 1 (Wagle) shall appear virtually on the next date. We direct the respondent 2 (Raut) to be present physically before this court on the next date of hearing. The court posted the matter for hearing at 2 pm on November 17. The petition was filed by SCBA seeking action against the duo under Article 129 of the Constitution of India and the relevant provisions under the Contempt of Courts Act, 1971, and Rule 3(c) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975.
Raut was not represented by any lawyer in court. Each of us (bar and bench) have stood together for each other. If required, we will ask him to be here physically. SCBA president Rai urged the court to seek their personal presence.
Hearing a contempt petition filed by the Supreme Court Bar Association (SCBA) against Raut and journalist Nikhil Wagle for their remarks against CJI, a bench of justices Aravind Kumar and Vipul M Pancholi said that the magnitude of the issue involved concerns the entire judiciary. SCBA, represented by its President and senior advocate Pradeep Kumar Rai, along with senior advocate Rahul Kaushik, said that advocate Vishnu Sharma had entered appearance for Raut and had even filed an affidavit. The court said, “This is an issue that pertains to the entire judiciary. The court told Jaising, “Let him come virtually for the time being.
However, the same was not there before the court.
