Solicitor General Tushar Mehta refuses to initiate contempt proceedings against Justice Markandey Katju

New Delhi [India], August 15 : Solicitor General (SG) Tushar Mehta on Saturday refused to grant his consent to initiate contempt of court proceedings against former Supreme Court judge Justice Markandey Katju for his alleged remarks on the fugitive diamantaire Nirav Modi extradition case.
On April 3, 2021, lawyer Alakh Alok Srivastava had written a letter to Mehta and requested his consent to initiate criminal contempt proceedings Justice (Retired) Markandey Katju for his "extremely contemptuous" remarks made in Nirav Modi extradition case.
"It cannot be denied that the expressions used by Justice (Retired) Katju, while voicing his personal views in his evidence regarding the legal system of our nation in general and that of our highest constitutional court, that is Supreme Court. Our system is constitutionally and functionality independent from the executive and guarantees free, fair, neutral, transparent, effective judicial proceedings and strictly in accordance with the law and constitution," Mehta said in his reply to Srivastava.
Mehta, while refusing to grant his consent to initiate contempt of court proceedings against former Supreme Court judge, said, "However, in peculiar facts, of the case, I deem it inappropriate and inexpedient to dwell much into the issues arising out from the expressions used and perceptions projected by Justice (Retired) Katju, as he did so, while giving his deposition as a witness before a court of law."
Srivastava had written the letter to Mehta, after the Attorney General (AG) K K Venugopal, had on March 30, recused himself from allowing his permission, to initiate contempt of court proceedings against Justice Katju. He, however, advised Srivastava to approach the SG for the same.
Srivastava said that he had filed this to the SG, under Section 15 of the Contempt of Courts Act, 1971, read with Rule 3 (c) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, seeking consent to initiate proceedings for criminal contempt against Justice Katju for his extremely contemptuous remarks made in Nirav Modi extradition case.
Srivastava, in his letter to SG Mehta, said that Justice (Retired) Katju had allegedly stated that in recent years the Supreme Court has "practically surrendered before the Indian Government and is doing its bidding and is not acting as an independent organ of the state protecting the rights of the people as it was supposed to be".
Srivastava said that Justice Katju had also stated that the "Indian judiciary has largely surrendered before the political executive".
Justice Katju has deliberately and wilfully scandalised the Supreme Court and has lowered its authority, not only before a court of United Kingdom but also before the public at large, by way of giving elaborate media briefing in this regard, Srivastava said in his letter and sought contempt proceedings against him.
It is pertinent to mention here that previously, in the year 2016, the Supreme Court had issued a contempt notice against Justice Katju for one of his contemptuous Facebook posts allegedly in the Soumya rape and murder case, Srivastava said.
After hearing Justice Katju, for some time in the open courtroom in that particular case, the Top court had to reportedly call the security guards to escort him out. The said contempt of court proceedings, however, was later on dropped by the Court, after he tendered an unconditional apology, he said.
Srivastava said in the present case too, Justice Katju has very much committed criminal contempt of Supreme Court in view of the proposition of law propounded by the Apex Court in a plethora of judgments, including, in the recent case against lawyer Prashant Bhushan, in the Suo Motu contempt petition last year.