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Synopsis

Advocate  Jaya Sukin has written to Attorney General Venugopal for consent to initiate criminal contempt proceedings against  Justice (retd) SN Dhingra, Senior Advocates Aman Lekhi and Rama Kumar, for their statements on Supreme Court’s oral observations in Nupur Sharma’s case.

The letter mentions that, during the course of hearing of any matter, the judges engage with counsel, and don't maintain sphinx-like silence. According to the letter, while engaging with counsel, it's natural for judges to open up and make observations and suggestions.  The letter states that expunging observations, even if unjustified or irrelevant, shouldn't arise since these remarks are tentative observations.

According to the letter, in an interview with India TV on July 2, 2022 Justice Dhingra asserted that the Top Court has no right to make such remarks. According to the letter, he said that the Supreme Court imposed a charge and gave a verdict without listening to Nupur Sharma. It has been further alleged that Justice Dhingra, retired judge of Delhi High Court, slammed the Supreme Court’s observations on Nupur Sharma, terming it as ‘irresponsible’, ‘illegal’ and ‘unfair’.

The letter also speaks of, statements made by Senior Advocates Aman Lekhi and Rama Kumar, to a web-based legal news portal called Verdictum. The letter states that the statements of three persons have caused irreparable injuries to Indian Judiciary and the nation by un-parliamentary statements and derogatory remarks hence fall within the scope of the Contempt of Courts Act, 1971

According to the letter, the statements have cast aspersions in the minds of people on the integrity of the Supreme Court. It has been alleged that they also attempt to scandalize the nation's highest judiciary. It further notes that “it is appalling to see the lack of faith and sheer contempt being expressed towards the fundamental frameworks of this country.” The letter alleges that the intent to undermine the Court and its capacity to dispense justice is evident.

It has been further alleged that the statements and their publication scandalize the Supreme Court, prejudice and interfere with the due course of judicial proceedings and administration of justice. In the light of the above, permission has been sought to initiate criminal contempt proceedings.