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On August 24, 2023, during a press briefing, Bharathi went on record accusing the judge of not only practicing selective actions through suo motu revision petition but also imputed malicious intentions to the judge
The Advocate General of Tamil Nadu R. Shunmugasundaram on Friday declined to grant consent for initiating riminal contempt proceedings against DMK organization secretary R.S. Bharathi.
The permission was sought after Bharathi's accusations against Justice N. Anand Venkatesh of implementing a 'selective approach' in taking up suo motu revisions related to the acquittal or discharge of legislators in disproportionate assets cases.
Petitioner A. Shankar, also known as 'Savukku' Shankar had sought the the AG's consent as per the provisions of Section 15 of the Contempt of Courts Act of 1971.
AG opined that Bharathi's remarks against Justice Venkatesh did not amount to scandalising the judiciary rather it could be termed as only a criticism against a particular judicial action.
The consent application was filed before the AG on August 28.
'Savukku' Shankar, and law student G. Karthi have moved the high court urging the court to initiate criminal contempt proceedings against Bharathi.
The plea was mentioned before the division bench of Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu by advocate P. Vijendran for urgent hearing for the petition.
However, the bench directed him to submit a written request to the Registrar (Judicial) and assured him that the case would be listed for a hearing within a week provided all necessary documents were in order.
In an affidavit filed in the plea, the petitioners asserted that Justice Venkatesh's decision to initiate suo motu revisions of acquittals and discharges involving both current and former Ministers was justified.
They contended that any law-abiding citizen concerned with preserving the rule of law would applaud the High Court's courageous action in recognizing the erosion of the criminal justice system.
As per the affidavit, on August 24, 2023, during a press briefing, Bharathi went on record accusing the judge of not only practicing selective actions through suo motu revision petition but also imputed malicious intentions to the judge.
The petitioners argued that these remarks by the DMK leader had detrimentally affected the public's perception of the judiciary's credibility.
They asserted that such actions warranted stringent action against him under the Contempt of Courts Act.
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