The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court on Monday directed a litigant and his lawyers to tender an unconditional apology to a Telangana High Court judge against whom they levelled “scurrilous allegations”.
A bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and Atul S Chandurkar was hearing a suo motu contempt plea when it observed allegations against high court judges were contemptuous and could not be condoned.
The case stems from a transfer petition filed by N Peddi Raju, alleging bias and impropriety against the high court judge who quashed a criminal case under the SC/ST Act against Telangana Chief Minister A Revanth Reddy.
“We cannot permit judges to be put in a box and allow any litigant to make such allegations. Judges of the High Courts are constitutional functionaries with the same respect and immunity as Supreme Court judges,” the CJI said.
Senior advocate Sanjay Hegde, appearing for a contempt notice, tendered an “unconditional and unreserved apology” and explained the circumstances in which the statements were made.
The CJI, however, noted such conduct had become a “disturbing trend” where lawyers and litigants questioned the integrity of judges in politically sensitive matters.
Citing a Constitution bench judgment, the CJI said it was held both litigants and lawyers could be held guilty of contempt for making scandalous allegations against judges.
The bench directed for the already disposed of matter to be reopened in the Telangana High Court and placed before the judge concerned within a week aside from ordering the petitioner before it to furnish an unconditional apology before the judge.
The judge would then decide within a week whether to accept the apology, it added.
The CJI also referred to a recent ruling by a three-judge bench that favoured accepting apologies in such situations over punitive action, saying “wisdom lies in forgiving rather than punishing".
On July 29, the apex court issued contempt notices to Peddi Raju, his advocate-on-record Ritesh Patil, and other lawyers involved, refusing to allow them to withdraw the petition and said, “We cannot permit judges to be out in a box and allow any litigant to make such allegations against a judge. Here we were trying to protect lawyers.” It was hearing a transfer plea filed by Raju filed through Patil.
“Scurrilous allegations have been made against the sitting judge of Telangana High Court. It has been held (in a judgement) that it is not only a litigant but also a lawyer who signs (the petition) is guilty of contempt of court," the court said.
While directing for them to furnish an apology, the bench noted it would consider whether to accept it or not.
"We will see if the apology is genuine or not. When we expressed displeasure at the language, liberty was sought to withdraw. We dismissed the request,” it said.
The case stems from the high court's decision to quash a criminal case against the chief minister under the SC/ST Act.
The petitioner later moved the top court with a transfer plea, alleging bias and impropriety on the part of the high court judge.