Supreme Court issues show-cause notices to Sanjay Raut, Nikhil Wagle over remarks on CJI

The Supreme Court has issued show-cause notices to Shiv Sena (UBT) Rajya Sabha member Sanjay Raut and journalist Nikhil Wagle on a criminal contempt petition over their remarks about Chief Justice Surya Kant, according to reports published on October 16 and 17.

The notices

A bench of Chief Justice Kant and Justice Joymalya Bagchi asked the two to show cause why contempt proceedings should not be started, according to an IANS report in The Sentinel and a PTI report in Kashmir Observer. Kashmir Observer reports that the bench excused both from appearing in person so that it could consider their explanations first, although the Supreme Court Bar Association (SCBA) had pressed for personal appearance. Reports differ on the day: Scroll.in describes a Thursday hearing, while Kashmir Observer says Friday.

The petition was filed by the SCBA on October 15, and Attorney General R Venkataramani consented the same day under Section 15(1)(b) of the Contempt of Courts Act, 1971, according to Kashmir Observer. It quotes SCBA president Pradeep Rai as arguing that the remarks went beyond fair criticism and could undermine public confidence in the court.

The remarks

Scroll.in reports that on Monday, October 12, Raut criticized the Chief Justice for declining to meet Leader of the Opposition Rahul Gandhi, who had sought a meeting to submit a memorandum about alleged electoral irregularities. It says Raut claimed the Chief Justice and several judges had played badminton in London with BJP leaders and attended dinners with ministers. According to Scroll.in, the Attorney General said the badminton claim was false, citing a Delhi High Court order, and that the claims were scandalous and undermined the judiciary's dignity. The reports read do not include Raut's account of the basis for his statement.

According to Scroll.in, Wagle posted an abusive remark about the Chief Justice on social media and later deleted it, and the SCBA said it was made deliberately to scandalize the court. It reports that on Thursday Wagle apologized, calling the post an emotional outburst, and asked the Attorney General to consider the circumstances and not proceed with sanction. The reports read do not say whether the Attorney General has acted on that request.

Link to the opposition petitions

Scroll.in reports that the bench was hearing opposition petitions challenging large-scale deletions during the revision of electoral rolls when it said it would ask one petitioner to explain his conduct, without naming him. Raut is among the petitioners in a plea described by Scroll.in. It reports that the court's order said his petition was being provisionally entertained, subject to him explaining his conduct, and that the Chief Justice said judges were aware of statements made outside court and were not living in ivory towers.

Kashmir Observer reports that the Chief Justice has said attacks on the judiciary were particularly unfortunate because courts have consistently upheld personal liberty and fundamental rights. Neither report gives a date for the next hearing or a deadline for replies.