Supreme Court remarks on Nupur Sharma: Attorney General refuses to give consent for criminal contempt against former judge and two lawyers
India Today
Advocate CR Jaya Sukin had filed a plea before Attorney General KK Venugopal seeking his consent to initiate criminal contempt of court proceedings against Delhi High Court judge SN Dhingra in a letter to Venugopal.
Attorney General KK Venugopal on Wednesday refused to initiate contempt of court proceedings against former Delhi High Court judge SN Dhingra and two lawyers for criticising the apex court's observations in the Nupur Sharma case. The Supreme Court on July 1 observed that the former BJP spokesperson Nupur Sharma was single-handedly responsible for violence in the country following her remarks about Prophet Mohammad.
Advocate CR Jaya Sukin had filed a plea before Attorney General KK Venugopal seeking his consent to initiate criminal contempt of court proceedings against Delhi High Court judge SN Dhingra in a letter to Venugopal. In the letter, he had pointed out that Justice Dhingra, in an interview, had said that the Supreme Court has no right to make such remarks and that the court imposed a charge and gave a verdict without listening to Nupur Sharma.
In his letter, Sukin also wrote that Justice Dhingra had also termed the top court's observations in Nupur Sharma's case as irresponsible, illegal and unfair.
Sukin also sought contempt action against former Additional Solicitor General Aman Lekhi and senior advocate K Rama Kumar for criticising the top court's remarks.
He also wrote: "Justice SN Dhingra, Senior Advocates Aman Lekhi and K Rama Kumar statements' published in all electronic media, TV channels and social media. All above three persons made irreparable injuries to Indian judiciary and the nation by unparliamentary statements and derogatory remarks, hence falls within the scope of the Contempt of Courts Act, 1971.
Attorney General KK Venugopal, however, refused to give his consent saying that a fair and reasonable criticism of judicial proceedings would not constitute contempt of court.
As per Section 15 of the Contempt of Courts Act, the consent of Attorney General is required before Supreme Court can hear a criminal contempt of court petition filed by a private individual.
