- Public Interest Litigation cum Contempt petition filed against C.M. Uddhav Thackeray, Home minister Dilip Walse Patil, Editor Sanjay Raut and Ors.[PIL(St.) 9849/2022]
- Indian bar Association files a contempt petition for politically motivated false and scandalous allegations against the Judges of the Bombay High Court, Supreme Court and all Subordinate Courts in the State.
- Earlier Cabinet Minister Swaroop Singh Naik & Chief Secretary Ashok Khot were sentenced to one month jail by the Supreme Court under Contempt.
- Chief Minister P.C. Sen was also held guilty under contempt by the High Court for giving speech and making scandalous allegations against Judges.
- Rahul Gandhi also tendered apology in a contempt petition against him.
- Last year Supreme Court had issued contempt notice to Maharashtra’s Chief Secretary for pressurizing Arnab Goswami to withdraw petition from the Supreme Court.
- Samna’s Editor Smt. Rashmi Thackeray, Publisher Vivek Kadam are also added as contemnor Respondent.
- Petitioner demand six months imprisonment for all the Contemnors.
- Also sought direction to Governor to forward a reference to President of India to impose Presidential rule in the State.
Mumbai:- Today Indian Bar Association filed a contempt petition cum PIL against Shiv Sena M.P. Sanjay Raut and others.
The main trigger for filing the petition was the allegations made by Mr. Sanjay Raut against Bombay high Court Judges and entire judiciary alleging biased approach in granting relief to Kirit Somaiya and the BJP Leaders only. As per Sanjay Raut, the Courts on one hand granting relief to people related with BJP but not granting relief to the accused belonging to Shiv Sena & Rashtrawadi party.
His indication was towards the no relief by the Courts to the jailed Ministers Nawab Malik and Anil Deshmukh.
The petitioner pointed out that as per the law settled by the Supreme Court and High Courts when any person is aggrieved by the orders of the courts then such person is having remedy to challenge the said order or to lodge the complaint against the said Judge before Chief Justice of India or President of India. But scandalizing the judiciary as a whole by politicizing the merits and judgments of a case is not permissible and if done is a gravest form of Contempt. [R. Muthukrishnan Vs. Registrar Genral 2019 SCC OnLine SC 105, Re: Prashant Bhushan 2020 SCC OnLine Sc 646]
Earlier in the case of V.M. Kanade, Advocate Bombay High Court Vs. Madho Gadkari (1989) Mh. L.J. 1078 Bombay High Court has sentenced Shri. Madhav Gadkari, Editor of Loksatta for making blanket allegations that the Bombay High Court Judges are deciding cases not on merits but they are swayed by the charm of a lady advocate.
Petitioner alleged that the allegation made by the Sanjay Raut got support from another contemnor Dilip W. Patil, Home Minister.
In the case of Subramanian Swamy Vs. Arun Shourie (2014) 12 SCC 344 the court dropped the proceeding by allowing the truth as a defence. But that legal protection is not available to the contemnors because the allegations are made by Sanjay Raut are false and he made allegations against entire judiciary. In order to prove the falsity of the allegations the petitioner gave the list of few cases where the cases of BJP leaders were rejected by the Bombay High Court and Supreme Court and where the common people got the justice.
Petitioner says that Daily Saamna newspaper and its editorial board is in habit of making false, frivolous, unsubstantiated allegations against the Court and Judges.
The petitioner gave the details of misconduct by Mr. Sanjay Raut.
Petitioner also pointed out that in the year 1994 Saamna has published scandalous article against CJI Ahmadi and Justice Bharucha of the Supreme Court and after contempt notice from the Supreme Court the then Editor Shri. Balasaheb Thackeray tendered unconditional apology before the Supreme Court and gave undertaking that such things will not happen in future. But Sanjay Raut committed similar offences many times and therefore he should be sentenced to maximum punishment of six months jail.
Petitioner pointed out that the contemnors are having no faith in the law and courts of Justice and they want to bring the goondaraj in the state.
The petitioner in support of this contention have placed reliance on the observations of the Division Bench of the Bombay High Court headed by Justice S.J. Kathawalla in Kangana Ranaut’s case where High Court passed strictures against Sanjay Raut for his comments that he don’t respect law ‘Kya hota hai kanoon’ And he said that they will decide to beat Kangana or not.
The petitioner pointed out that the another Minister Jitendra Awhad kidnapped and beaten a social media activist Shri Anant Karmuse who publishing post against Mr. Awhad. This was done with the help of police constable and still no action was taken against Awhad for many months. On the contrary he defended said act of taking law in their hand.
The petitioner also cited the case of attack on ex-navy officer by Shiv Sena workers and Sanjay Raut’s statement supporting the said criminal action. The petitioner pointed out that as per Supreme Court Judgment in Arnab Goswami’s case it is clear that the people who are raising voice against the contemnors are being framed in serious false charges by misusing the police machinery.
The petitioner also gave the reference of contempt notice issued by the Supreme Court to State Assembly’s Chief Secretary Vilas Athawale where Supreme Court observed that the state government threatened the petitioner because he approached the court by filing a petition.
On the basis of the abovesaided instances petitioner requested the court to provide police protection to him, his advocates and witnesses and in case of any causality to held contemnors responsible by treating the petitioner as dying declaration.
