SC's Clarification On Suo Moto Contempt Case Against Rajdeep Sardesai

OVERVIEW

The official website of the Supreme Court of India showed that a suo moto criminal contempt case had been registered against Rajdeep Sardesai, a journalist on the grounds that he made comments that were disrespectful against the judiciary.

However, the apex court clarified that no such proceeding was initiated by it and the news item was placed inadvertently on the website.

An official communication from the Supreme Court reported that no suo motu criminal contempt proceeding has been initiated against Mr. Desai. It was further stated that actions to remove the inadvertently news item shown at the official website are under process. The news was also termed as an administrative error by the sources in the Supreme Court.

WHAT IS THE BACKGROUND?

On seventeenth September last year, K K Venugopal, attorney General had turned down consent to start contempt action against the journalist for posting a series of tweets. While doing so, he stated that his statements were not of serious nature as to lower the stature of the Supreme Court in the public's minds.

The Attorney General's or the Solicitor General's consent is important to begin proceedings of contempt against a person.

The petition against Desai filed by Aastha Khurana alleged that his tweets on the judiciary were disrespectful and scandalized the court. The petition also stated that disrespectful comments on each judgment were passed and credibility of the decisions of the court was questioned.

WHAT IS CRIMINAL CONTEMPT?

Section 2 (c) of the contempt of courts act, 1971 defines criminal contempt of court as publication of any matter or the doing of any other act which can scandalize or tend to scandalize or lowers tends to lower the authority of any court. It also includes acts that prejudice, or interferes or tends to interfere with due course of judicial proceeding or interferes with, or obstructs or tends to obstruct, administration of justice in any other manner.

The offence of criminal contempt carries a punishment of imprisonment that can extend up to six months or a fine up to rs. 2,000 or both.

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