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SC issues contempt notice to Prashant Bhushan on Attorney General Venugopal’s plea

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Wednesday, February 6), issued a notice to senior advocate Prashant Bhushan on a contempt of court petition filed by Attorney General KK Venugopal and the Centre for his tweets that allegedly criticised the court over the appointment of M Nageswara Rao as interim CBI director.

Bhushan, who accepted the notice in person, was directed to file his reply within three weeks.

The Centre moved the apex court yesterday, days after Venugopal’s contempt petition against Bhushan, seeking initiation of contempt proceedings against Bhushan for his tweets and said they amounted to making false statement in a pending case. The Centre’s plea also referred to the contents of Venugopal’s petition and submitted that they be also read as part of its plea.

Bhushan, in a series of tweets, said that the Attorney General had misled the apex court last week on the process followed in the controversial appointment of Nageswara Rao as the interim CBI director.

During a hearing on a plea filed by NGO Common Cause, Venugopal had told the Supreme Court bench led by Justice Arun Mishra that the selection committee mandated to pick the CBI director had cleared Rao’s appointment as interim head of the agency, first when CBI director Alok Verma was divested of his responsibilities on October 23 and then again when he was summarily dismissed by the panel on January 10.

Bhushan had claimed that Venugopal had misled the court, saying that he had spoken to Congress leader Mallikarjun Kharge and learnt that the selection committee had not discussed the appointment of Rao as interim CBI director.

Kharge is a member of the selection committee that also comprises Prime Minister Narendra Modi and Chief Justice of India, Ranjan Gogoi.

Venugopal said Bhushan, in one of his tweets on February 1, had said, “I have just confirmed personally from the leader of opposition Mr. Kharge that no discussion or decision in HPC meet was taken re-appointment of Nageswara Rao as interim Director of CBI. The govt appears to have misled the court and perhaps submitted fabricated minutes of the HPC meeting.”

The attorney general said the statement/confirmation attributed to Kharge could never have been made by him for the simple reason that he himself had signed the minutes of the meeting which also contained the final decisions of the high-powered committee.

Rao’s stint as interim CBI director ended on February 2 after the selection committee, by a 2:1 majority decision, appointed former Madhya Pradesh Director General of Police, Rishi Kumar Shukla as the new full-time director of the agency. With Shukla having taken over charge of the investigation agency, the petition challenging Rao’s appointment has become inconsequential.

On Wednesday, as the bench of Justices Arun Mishra and Naveen Sinha resumed hearing arguments in the petition challenging Rao’s appointment, the issue of whether Bhushan can be held in contempt for his tweets took precedence.

Curiously, Venugopal insisted that he did not favour the court giving out any punishment to Bhushan on account of possible contempt and that he would, instead, prefer “authoritative words” from the court on the issues red flagged by him. However, Venugopal’s immediate junior in the government’s team of law officers, Solicitor General Tushar Mehta, implored the bench to penalise Bhushan.

Venugopal informed the bench that the selection committee had discussed the issue of Rao’s appointment as interim CBI director and that even Kharge had signed on the panel’s decision. Justice Mishra wondered how Bhushan posted the tweets about a matter that was sub judice. The Attorney General then contended that Bhushan’s action could be seen as “contempt by speech” since the comments “lower the authority of the court” and “intervene with the working of the court”.

As Justice Mishra lamented the “unwelcome practice” of lawyers routinely making statements on pending matters, the Attorney General pointed out that even as the case was proceeding, “12 cameramen are waiting for lawyers outside” to get their comments. Venugopal then urged the petitioner (Bhushan) to desist from discussing sub judice matters in public and added that while it is presumed that comments made in public and in the media do not affect the opinion of a judge, this may not always happen.

Justice Mishra said that the Bar should not display a sycophancy towards the Bench and added that lawyers like the Attorney General and senior advocate Fali Nariman had made the Bar “worthy and admirable”. Justice Mishra then proceeded to say that the extant case (the contempt petition) involves larger issues and that the bench would want to “settle the law” on them. Justice Sinha concurred with Justice Mishra and added that “time has come to realise that with freedom comes responsibility”.

Venugopal then insisted that while does want the law on contempt settled in the present case, he is not pressing for any punishment to be meted out for anyone.

Solicitor General Mehta, disagreeing with the Attorney General, told the bench: “I can cite 10 instances where a judgment is passed by the highest court and some lawyers say it is a black day for the judiciary.”

Mehta, on behalf of the Centre, proceeded to say that the bench should award a “deterrent punishment” to Bhushan as “the respondent has been involved in several such instances.” He added that the “Lordships’ magnanimity should not be taken as a form of weakness” and urged the bench to issue a notice to Bhushan.

Responding to the Solicitor General’s request, Justice Mishra said: “Punishment shouldn’t come for lawyers usually. Contempt is like a brahmashtra. It should be used sparingly so that it doesn’t lose its value. We are mindful of how reckless comments deprive dignity of others without a due process of law… the larger issue here is that media trial decides the reputation of a person who, ultimately, may win in court but has been widely criticized in public (sic). There is no repairing mechanism for that reputation”.

The bench then issued a notice to Bhushan, which he accepted in open court. While Bhushan has to reply to the contempt notice within three weeks, the contempt plea has been posted for its next hearing on March 7.[/vc_column_text][/vc_column][/vc_row]

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Uttar Pradesh on high alert after gangster turned politician Mukhtar Ansari death, probe ordered on poisoned in jail charge

Uttar Pradesh Director General of Police (DGP), Prashant Kumar said that as a precautionary measure, Section 144 of the CrPC has been imposed across the state.

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Several towns in Uttar Pradesh are on high alert and security has been strengthened after jailed gangster-turned-politician Mukhtar Ansari died of cardiac arrest. His family alleged that the gangster, who has been in jail since 2005, was poisoned. 

The jailed gangster was hurried to a hospital after he fell unconscious at district jail on Thursday night. After a few hours, he was declared dead by the doctors at the Rani Durgavati Medical College. 

Uttar Pradesh Director General of Police (DGP), Prashant Kumar said that as a precautionary measure, Section 144 of the CrPC has been imposed across the state. The Central Reserve Police Force (CRPF) has also been called in to assist the police. Reportedly, the CRPF units have already been deployed in Banda, Mau, Ghazipur, and Varanasi.

Additionally, the social media cell of the Uttar Pradesh Police is also on high alert to track unlawful elements that may try to spark a riot. Furthermore, a magisterial investigation into the death of Mukhtar Ansari will be carried out by a three member team, reports said.

A former five-time MLA from Mau Sadar seat Muktar Ansari, had 60 criminal cases pending against him. The gangster turned politician was sentenced in eight cases since September 2022 by different courts of Uttar Pradesh and was lodged in the Banda jail.

Earlier, the former five-time MLA from Mau submitted an application in Barabanki court, alleging he was given some poisonous substance along with his food. He claimed that on March 19, his nerves and limbs started paining after he consumed the food.

Muktar Ansari was born into a family with deep roots in the independence struggle. His grandfather served as the Indian National Congress president in 1927. He was initially affiliated with the Bahujan Samaj Party before forming the Quami Ekta Dal (QED) after being expelled.

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Delhi LG VK Saxena directs probe into remarks against Kangana Ranaut by Congress leader Supriya Shrinate

The Delhi Police will investigate who was behind the said social media post and whose mobile phone was used for the purpose.

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Delhi lieutenant governor Vinai Kumar Saxena today sought a detailed probe from Delhi Police commissioner Sanjay Arora in relation with the alleged defamatory social media post made by Congress’s Supriya Shrinate against actor-turned-politician Kangana Ranaut.

Reportedly, BJP candidate from New Delhi Bansuri Swaraj had given a complaint to the LG seeking probe and registration of an FIR against Shrinate for outraging the modesty of a woman. Subsequently, the Delhi LG has forwarded the complaint to the Delhi Police Commissioner, directing a scientific investigation in the matter and initiation of legal action, if necessary.

Reports said that the Delhi Police will also investigate who was behind the said social media post and whose mobile phone was used for the purpose. A major controversy erupted on Monday after an objectionable post from Supriya Shrinate’s social media handle against Kangana Ranaut, who has been announced as the BJP candidate from Himachal Pradesh’s Mandi.

Responding to the remarks, Kangana Ranaut said that they must free the daughters from the shackles of prejudices and must rise above the curiosity about their body parts. She added that people must refrain from using sex workers’ challenging lives or circumstances as some kind of abuse or slur. She concluded that every woman deserves her dignity. As the controversy intensified, the Congress leader asserted that someone else had posted the objectionable content from her handle. 

Meanwhile, the Election Commission on Wednesday issued a show cause notice to Congress leader Supriya Shrinate for her derogatory remarks against Kangana Ranaut. The Election Commission observed that the remarks are undignified and in a bad taste. The election body asked the Congress leader to respond to the commission by Friday. In the notice, the Election Commission stated that the statements made by the leader is prima facie violative of the Model Code of Conduct (MCC) being in force ahead of the Lok Sabha elections. 

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Bollywood actor Govinda joins Maharashtra Chief Minister Eknath Shinde’s Shiv Sena

Govinda on his official induction in the party by CM Eknath Shinde said he is joining Shiv Sena and it is a blessing from God. He said he thought he would not enter politics again. Govinda said Mumbai looks cleaner and better now.

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Bollywood actor Govinda joined Maharashtra chief minister Eknath Shinde’s Shiv Sena on Thursday ahead of the upcoming Lok Sabha elections in Maharashtra. In 2004 Govinda contested from Mumbai North Lok Sabha on a Congress ticket and earned the nickname of a giant slayer as he defeated BJP’s Ram Naik. He resigned from the party and said that he had decided to take a break from politics.

Govinda on his official induction in the party by CM Eknath Shinde said he is joining Shiv Sena and it is a blessing from God. He said he thought he would not enter politics again. Govinda said Mumbai looks cleaner and better now. He said his parents had a good relationship with Shiv Sena founder Balasaheb Thackeray.

Shiv Sena leader Krishna Hedge met the Bollywood actor at his residence in Juhu. Maharashtra CM Eknath Shinde said the actor’s joining the Shiv Sena does not come with a rider. Govinda said whatever work is assigned to him, he will do it to the best of the ability. He said he was a part of the 14th Lok Sabha and has returned to politics after 14 years.

Speaking about his role in politics, the actor said he would transform the film city of Mumbai. He did not reply when he was asked about contesting elections. Govinda said everybody has seen the same level of progress in Maharashtra in the last 2 years, as it has been seen in the country in the last 10 years. He said he is going to focus on the beautification of the state and work towards the growth of art and culture.

Rajya Sabha MP Milind Deora welcomed Govida into the party and said he has known the veteran Bollywood actor for almost 25 years. He recalled the 2004 election and said both of them had fought elections together.

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