Madras high court issues contempt notice to H Raja for 'scandalous' conduct

CHENNAI: Asserting that any attempt to create a dent in the judiciary could lead to promotion of fascism, naxalism and all that was opposed to democracy, the Madras HC initiated suo motu contempt proceeding against BJP national secretary H Raja for his derogatory statements against the court. A division bench summoned Raja to be personally present before the court on October 22.

Listing out the possible excuses Raja could resort to, in order to get away from contempt action, a division bench of Justice C T Selvam and Justice M Nirmal Kumar plugged all such holes and took suo motu cognizance of the ‘scandalous’ conduct of Raja in the course of his actions, visuals and reports in wide circulation. The judges said the judiciary was the most revered pillar of the democratic system, and added: “Let us be told that this court will not take cognizance of newspaper reports and video clippings in wide circulation in the social media! Let us be told that initiation of action in criminal contempt is reserved for a particular bench of this court and hence, other benches in the face of objectionable, scandalous material, would not move against the contemner! Let us be told that if any individual judge or body of judges is held in scant disregard, disrespect and scandalous contempt, the brother/ sister judges will await and abide the decision of the one to whom the portfolio stands allotted!

‘Offending material in wide circulation’

“While it is the order of the day to deny one's signature, let us be told that it is also the order of the day to allow one to escape action by denying his voice! Let us be told that the offending action has taken place within Pudukottai and therefore, it is the Madurai bench which has jurisdiction, despite offending material being circulated throughout the state, the country and the world at large! Let us be told that since the state has registered a case in respect of the acts of the contemner, this court would hope that a fair investigation would be the outcome,” the bench added.

The issue pertains to the statements made by the BJP leader during an argument with cops over a Vinayagar procession in Pudukkottai on Saturday. After the commotion created by Raja and his supporters at Meyyapuram the Thirumayam police registered an FIR against him and a few others for not following the high court order and allegedly using derogatory words against the court and the police department.

He was booked under Sections 143 (unlawful assembly), 153 (provocation with intent to cause riot), 188 (disobedience to order duly promulgated by public servant), 294

(b) (sings, recites or utters any obscene song, ballad or words, in or near any public place), 353 (assault or criminal force to deter public servant from discharge of his duty), 505 (1) (b) (c) (statements conducing to public mischief), 506 (1) (punishment for criminal intimidation) and 290 (punishment for public nuisance) of the IPC.