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As per the contempt petition, on August 24, 2023, during a press briefing, Bharathi went on record accusing Justice N Anand Venkatesh of not only practicing selective actions through suo motu revision petition but also imputed malicious intentions to the judge
The Madras High Court on Friday dismissed a petition filed by YouTuber Savukku Shankar and a law student seeking contempt proceedings against DMK leader and lawyer RS Bharathi for his comments against Justice N Anand Venkatesh.
A division bench of Justices SM Subramaniam and V Sivagnanam observed that transparency is the very foundation of the judiciary and that judges must face public scrutiny.
Court noted that Justice Venkatesh himself had expressed a desire not to initiate contempt proceedings against Bharathi.
The petition was filed after Advocate General R Shunmugasundaram refused consent to initiate contempt proceedings against Bharathi. Shankar had alleged that Bharathi's comments, made during a press conference on August 24, 2023, scandalized the judiciary and attributed malafide intentions to Justice Venkatesh.
Senior Advocate V Raghavachari, appearing for Shankar, argued that Bharathi's allegations were intended to undermine the judiciary's credibility. However, the division bench said that citizens have the freedom to assess and criticize judges' conduct.
The bench also observed that Bharathi, as a lawyer and public figure, should have exercised greater restraint while making the comments.
While dismissing the petition, the court held that in the absence of consent from the Advocate General, a plea must be treated only as information on which the High Court might or might not take suo motu action under Section 15 of the Contempt of Courts Act.
In an affidavit filed in the contempt petition, the petitioners had asserted that Justice Venkatesh's decision to initiate suo motu revisions of acquittals and discharges involving both current and former Ministers was justified.
They had 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.
The petitioners had argued that these remarks by the DMK leader had detrimentally affected the public's perception of the judiciary's credibility. They had asserted that such actions warranted stringent action against him under the Contempt of Courts Act.
Case Title: A Shankar and Another v. R.S.Bharathi
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