New Delhi: In an unprecedented move in the annals of the Supreme Court, a notice was issued to former apex court judge Markandey Katju on Friday, to show cause why contempt of court proceedings should not be initiated against him for criticising judges and not the judgment in the Soumya rape and murder case. This is perhaps the first time in India’s judicial history that a former Supreme Court judge has been slapped with contempt charge for his comments in a blog, “scandalising” the judges.
After the three-judge Bench — comprising Justices Ranjan Gogoi, Prafulla C. Pant and Uday Lalit — issued contempt notice, an infuriated Justice Katju told Justice Gogoi, “Try to be modest. I don’t bother. Mr Gogoi don’t threaten me. Do what you want. I am not scared. Don’t be funny with me. This is a free country. I can say what I want to say. I came here on your invite and I am sorry it has come to this.”
To which Justice Gogoi, before passing a short order initiating contempt action against him, said, “We are sorry too.”
Justice Gogoi then warned Justice Katju, saying, “Don’t provoke us any more” to which he replied, “You are provoking me by this type of threat.”
Justice Katju kept addressing Justice Gogoi as Mr Gogoi and told him that he was junior to him (Katju) in the Supreme Court.
As the exchange got heated, and Justice Katju was visibly furious, the Bench called for security asking, “Is there anyone to escort Justice Katju out of court?”
At this point Justice Katju protested, saying “it was not a proper way to treat a former Supreme Court judge” and reiterated that he had been called by the apex court and that he wasn’t there by personal choice. “I came here to assist you,” he said. Several lawyers protested against the move to have Justice Katju escorted out.
Earlier, Justice Gogoi gave copies of Justice Katju’s blog to the attorney general Mukul Rohatgi and sought his views.
The AG at first said, “It is scandalous.” However he later changed his stand and, “I said scandalous if you read the whole passage. If only the marked portions are considered, then it is at the most intemperate and not contempt.” But the three-judge Bench issued contempt notice to Justice Katju saying his comments are not against a judgment but against judges. The court issued notice after dismissing petitions filed by Kerala government and Soumya’s mother seeking death penalty for the accused, Govindachamy, for causing the death of Soumya after raping her.
Justice Katju said, “I submit that the Supreme Court has erred in law in not holding the accused guilty of murder, and its judgment needs to be reviewed to this extent.”
