NEW DELHI: Alleging Shiv Sena (UBT) chief Uddhav Thackeray‘s remarks in his Dussehra speech “targeting” Chief Justice DY Chandrachud were derogatory and an attempt to influence the outcome of cases pending in the Supreme Court, a Delhi-based journalist has taken the initial step of filing contempt proceedings against him and sought the attorney general’s permission for it, as required under law to file a petition in the apex court.
While talking about ‘gharana’ (family lineage), Thackeray allegedly referred to the CJI and his father, who also served as the Chief Justice of India, and made some remarks on how one would like one’s name to be recorded in history – as someone who stood firm or someone who bent before those wielding power.
Seeking his permission to file the contempt petition in SC, journalist Deepak Upadhyay provided the English transcription of his speech to AG K Venkataramani and said the politician had made “scurrilous, unwarranted and defamatory remarks that are extremely derogatory, aimed at undermining the dignity/majesty of the Supreme Court and to malign the office of the CJI”, making it a fit case to initiate contempt proceedings.
“His remarks are personally targeting the CJI and are an attempt to interfere with the administration of justice by exerting pressure to influence the outcome of sub-judice matters and to coerce the CJI to decide them in a particular way. It may even be an attempt to scandalise the court and have certain benches stay their hands from hearing the matters. The statement also questions judicial independence and integrity as it implies bias, partiality and subservience of the judiciary to the executive. By no stretch of imagination can they be reasonably considered to be fair criticism or a bona fide expression of opinion protected by the freedom guaranteed under the constitution to any citizen,” Upadhyay said.
He said it was shocking someone of Thackeray’s stature could make such a statement against the judiciary and that he showed a complete lack of respect for democratic values and rule of law.
“The action of Thackeray amounts to criminal contempt as defined under the Contempt of Court Act. The statements made by him are a hostile personal attack against the office of the CJI to influence the outcome of ongoing proceedings and have the effect of undermining the prestige of judges and courts in the eyes of people. I thus humbly seek your written consent for initiating proceedings against Thackeray for contempt of court.”
While talking about ‘gharana’ (family lineage), Thackeray allegedly referred to the CJI and his father, who also served as the Chief Justice of India, and made some remarks on how one would like one’s name to be recorded in history – as someone who stood firm or someone who bent before those wielding power.
Seeking his permission to file the contempt petition in SC, journalist Deepak Upadhyay provided the English transcription of his speech to AG K Venkataramani and said the politician had made “scurrilous, unwarranted and defamatory remarks that are extremely derogatory, aimed at undermining the dignity/majesty of the Supreme Court and to malign the office of the CJI”, making it a fit case to initiate contempt proceedings.
“His remarks are personally targeting the CJI and are an attempt to interfere with the administration of justice by exerting pressure to influence the outcome of sub-judice matters and to coerce the CJI to decide them in a particular way. It may even be an attempt to scandalise the court and have certain benches stay their hands from hearing the matters. The statement also questions judicial independence and integrity as it implies bias, partiality and subservience of the judiciary to the executive. By no stretch of imagination can they be reasonably considered to be fair criticism or a bona fide expression of opinion protected by the freedom guaranteed under the constitution to any citizen,” Upadhyay said.
He said it was shocking someone of Thackeray’s stature could make such a statement against the judiciary and that he showed a complete lack of respect for democratic values and rule of law.
“The action of Thackeray amounts to criminal contempt as defined under the Contempt of Court Act. The statements made by him are a hostile personal attack against the office of the CJI to influence the outcome of ongoing proceedings and have the effect of undermining the prestige of judges and courts in the eyes of people. I thus humbly seek your written consent for initiating proceedings against Thackeray for contempt of court.”
