The Supreme Court said on Monday that it would decide on Wednesday the maintainability of the petitions of noted lyricist Javed Akhtar and Rubabuddin Sheikh who have sought action against Gujarat Chief Minister Narendra Modi on his speech allegedly justifying the killing of Sohrabuddin Sheikh in a fake encounter.
While refusing to issue notice to Mr Modi, a Bench headed by Mr Justice Tarun Chatterjee said that it would take a decision after hearing the arguments from the respondents and applicants.
Senior advocate Arun Jaitley appearing for the Gujarat government and Modi submitted that it was an election speech which was delivered in political context and did not attract contempt of court laws.
Personal aspersions
In heated exchange, Jaitley and advocate Dushyant Dave appearing for Rubabuddin, the brother of slain Sohrabuddin, cast personal aspersions invoking each other’s political and regional allegiances.
“Modi should be tried for contempt of court as the matter is pending in the court. The remark would have an impact on the trial going on in the district court,” he said.
Advocate Prashant Bhushan appearing for Akhtar said Modi had tried to polarise the voters and divide the people into various communities.
Advocate Gopal Subramanium, acting as amicus curiae, said that notice should be issued to Mr Modi as it was prima facie interference in the judiciary.
In the petition, Akhtar said: “Now a shocking admission with regard to at least one fake encounter death namely that of Sohrabuddin has come from none other than the present chief minister of the state.”