Delhi cops get Supreme Court notice on Sabari lawyer

Observing that access to justice cannot be dented by any person, the Supreme Court on Monday asked the Delhi police commissioner to probe into the over 500 threatening calls received by Indian Young Lawyers’ Association president Naushad Ahmed Khan and the advocate on record, Ravi Prakash Gupta, for filing a public interest writ petition challenging denial of entry to women between 10 and 50 years into the Sabarimala Ayyappa temple.

A bench of Justices Dipak Misra and N.V. Ramana, in a brief order, said “That these calls, specially to the advocate-on-record, are direct interference in matters of administration of justice as the matter is still sub-judice before the Supreme Court. The present interlocutory application exposits and asserts such facts, if they are true, would definitely have the strength to create a dent in the fundamental concept of rule of law which is sacrosanct in a democratic body polity.”

The order said: “It has been asserted that there have been innumerable threats inclusive of death threats to the president of the petitioner-association, from Kerala, abroad and Delhi... The thrust of the matter is whether women within the age group of 10 to 50 should be allowed to enter into Sabarimala temple or not has to be debated in due course when the matter is taken up for hearing by this court. Hearing in a court of law is not dependent, especially in a public interest litigation by any person.”

It said access to justice cannot be dented by any authority or any person. It can only be controlled by a court of law within the parameters of law. Individual whim or fancy or perception has no room. The bench issued notice to the Delhi commissioner of police and asked him to file the response in as regards the steps have been taken on the basis of the said first information report.

“We are absolutely conscious that the FIR has been lodged at a particular police station but we would like the commissioner of police to file the response. We direct the commissioner of police to see that the attempts of this nature are crippled in the beginning. As far as the prayer for security is concerned, we have been apprised that the president of the association has been given some security and that should continue. The commissioner of police shall take stock of the situation and see to it that no harm is caused to the grieved person,” the bench said.

The bench said We will be failing in our duty if we do not mention that Mr. K.K. Venugopal, senior counsel appearing for the Travancore Devaswom Board and Mr. V. Giri, senior counsel appearing for the State of Kerala, who submitted that such kind of threats given to any litigant is absolutely obnoxious and the State and the Board unhesitatingly condemn the same. The bench directed the matter to be listed for further hearing on February 8.