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Synopsis

Chief Minister of Rajasthan Ashok Gehlot has tendered an unconditional apology to the Rajasthan High Court for his remarks against the corruption in the judiciary. 

The division bench of the Rajasthan High Court comprising Chief Justice Augustine George Masih and Justice Mahindra Mohan Srivastava was hearing a Public Interest Litigation filed by Advocate Shiv Gupta. 

Gupta sought contempt proceedings to be initiated against Gehlot for his remarks against the judiciary and high judiciary calling it wilful scandalising and lowering the image of the judiciary. 

Earlier the bench had issued notice to the Chief Minister on September 2 while noting that,

“The contents of the statement, if made by the respondent, prima facie make out a case that it tends to scandalize the Courts because it does not refer to any particular case or category of cases, but general in nature against the judiciary as a whole”, the bench observed.

“In view of above consideration, we are inclined to seek response of the respondent with regard to the statement which are attributed to him in this petition on the basis of the newspaper report”, the court said.

Gehlot filed an unconditional apology before the division bench for the high court to consider the same on the next hearing. 

The PIL was filed before the High Court lawyer contended that Gehlot had “scandalised and lowered the authority of courts” by his remarks carried in the Danik Bhaskar, Jaipur newspaper on August 31. He alleged that Gehlot has scathing attack on the entire judicial system without reference to any particular case or class of cases.

The petitioner sought cognisance of Gehlot’s statement under Article 215 of the Constitution.

Notably, on 30th August, speaking to the media in Jaipur, Gehlot had said "Aaj jo bataiye itna corruption ho raha hai judiciary ke andar. Itna bhayankar corruption hai, kayi wakil log toh, maine suna hai, likh ke le jaate hain judgment, aur judgment wahi aata hai. Chahe lower ho ya upper, halat bade gambhir hain. Ye deshwasiyon ko sochna chahiye" [Today, the corruption taking place within the judiciary is frightful. I have heard that a lot of lawyers write judgments and take them along and the same judgments are pronounced. Be it lower or upper judiciary, the situation is serious. The countrymen should think about it]

Case Title: Shiv Charan Gupta v. Ashok Gehlot