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Synopsis

Rashtriya Swayamsevak Sangh (RSS) ideologue S Gurumurthy informed the Delhi High Court on Thursday that he will not submit another affidavit tendering ‘unconditional apology’ in the 2018 Contempt Case.

A division bench of Justice Siddharth Mridul and Justice Talwant Singh was hearing a contempt plea filed by the Delhi High Court Bar Association (DHCBA) seeking criminal contempt proceedings against Gurumurthy over his tweet wherein he questioned whether Justice S Muralidhar was Senior Advocate P Chidambaram’s junior. 

The tweet was posted following a division bench led by Justice Muralidhar’s decision to award temporary protection to Karti Chidambaram in the INX Media case. 

During the hearing today, Senior Advocate Mahesh Jethmalani, on behalf of Gurumurthy stated that he will not file another affidavit offering an “unconditional apology” for his tweet because he had already filed his response in 2018. Jethmalani stated that Gurumurthy had deleted that contentious tweet right after he came to know about the factual error.

“I am sorry, but this is not an apology. It is just a reply on merits of the contempt claim. File a two-line apology and put a quietus to this. Say it on affidavit and the matter ends,” Justice Talwant Singh remarked orally.

However, the senior counsel reiterated that the bench may proceed to hear the case on merits. 

Accordingly, the division bench posted the matter for hearing “on merits” on July 6, 2023.

In related news, the division bench earlier this month 'discharged' Indian Film Director Vivek Agnihotri in the suo-motu criminal contempt case initiated against him in connection with relief provided by Justice S. Muralidhar to UAPA-accused Gautam Navlakha.

The matter pertains to the tweets allegedly made in support of an article written by S Gurumurthy against the judgment setting aside the transit remand order against Bhima Koregaon Violence accused Gautam Navlakha in 2018.

It is to be noted that on October 29, 2018, the high court issued criminal contempt notice against Gurumurthy and others for tweeting the article alleging that Justice S Muralidhar was biased in passing the order releasing Gautam Navlakha from house arrest.

The high court had issued the notice after receiving a letter from Senior Advocate Rajshekhar Rao alleging contempt. The article tweeted by Gurumurthy was titled, "Why has Delhi High Court Justice Muralidhar's relationship with Gautam Navlakha not been disclosed?"

However, on October 14, 2019, the Delhi High Court removed Gurumurthy from the list of respondents in contempt matter after he issued an apology.

Case Title: Delhi High Court Bar Association through its Secretary v. S. Gurumurthy