‘How do you dare [Secretary] do this? Who is this official? How can you threaten a person to come to this court? ‘Says CJI.
The Supreme Court on Friday took suo motu knowledge and issued a contempt notice against the Maharashtra Legislative Assembly Secretary for intimidating Republic TV editor-in-chief Arnab Goswami, who went to court to protect his rights.
A bank led by Chief Justice of India (CJI) Sharad A. Bobde asked the clerk to show why he should not be held in contempt for “threatening” Mr. Goswami with a “penalty” just because the journalist had approached the cusp. court in connection with a motion of privilege.
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In a letter dated October 13, the Assembly official accused Mr. Goswami of “knowingly” violating the confidentiality of the privilege proceedings by transferring the high court without obtaining the permission of the Speaker. Mr. Goswami is accused of violating the privilege by using “harsh language” against the Chief Minister of Maharashtra.
“The [Goswami] He is in jail … He is being threatened, questioned … Case after case after case is brought against this man. Sometimes the constitutional courts have to see reality and not just the smokescreen … He has been warned … They have said that he will spend Diwali in jail, ”introduced lead attorney Harish Salve, of Mr. Goswami.
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The court ordered that Mr. Goswami not be arrested in the privilege case. He is currently in judicial custody in connection with an incitement to suicide case.
Referring to the October 13 letter, the President of the Supreme Court said that the Secretary’s statements were “serious interference in the administration of justice.”
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“How do you dare [Secretary] do this? Who is this official? How can you threaten a person not to come to this court? “Criticized the Chief Justice Bobde.
He recounted how the late Supreme Court Justice Judge Vivian Bose several decades ago took suo motu contempt action against a jail officer, who withheld a letter written by a convict to the Supreme Court.
Every citizen has the right to transfer the higher court to protect their fundamental rights, the CJI said.
‘Unprecedented’ statements
The court said that the statements made in the Secretary’s letter were “unprecedented” and had a “tendency to discredit the administration of justice and, in any case, amounted to direct interference in the administration of justice.”
The Bench, in its summons to the Secretary of the Assembly, said that “the intention of the author of the letter appears to be to intimidate the petitioner [Goswami] because he had approached this court ”.
The CJI said that although the Assembly was notified on October 5 in Mr. Goswami’s petition, they chose to respond by issuing the October 13 letter to the journalist instead of appearing in court.
The court appointed lead attorney Arvind Datar as amicus curiae at suo motu contempt proceedings.
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