Adv Alakh Alok Srivastava writes to Solicitor General of India, seeking consent to initiate Contempt Proceedings against Retired Justice Markandey Katju

  • Shruti Kakkar
  • 06:53 PM, 03 Apr 2021

Read Time: 08 minutes

After Ld Attorney General’s refusal to grant consent for initiating contempt proceedings against Justice Katju for his extremely contemptuous remarks made in Nirav Modi extradition case, Alakh Alok Srivastava has written to the Solicitor General for grant of the same.

Vide letter dated April 3, 2021, the lawyer has requested SGI Tushar Mehta under Section 15 of the Contempt of Courts Act, 1971 r/w Rule 3(c) of the Rules to Regulate Proceedings for Contempt of the Supreme Court of India. 

“Statements of Justice Katju have brought the administration of Justice in disrepute in India & wilfully scandalised the Hon’ble Supreme Court & has lowered its authority not only before a court of United Kingdom but also before the public at large, by way of giving elaborate media briefing in this regard”, the letter reads. 

As per the letter,, Justice Katju had made the following alleged contemptuous remarks in context of the judgment delivered by the Court of the United Kingdom in The Government of India v. Nirav Modi;

  1. That in the recent years the Supreme Court in India has “practically surrendered before the Indian Government
  2. Chief Justice was “simply doing the bidding of the Indian Government. He has been rewarded as a quid pro quo by being nominated as a Member of Parliament after retirement.”
  3. Justice Katju also makes reference to a former Chief Justice allotting critical cases to benches presided over by relatively junior judges known for their affinity for the Ruling BJP Party.
  4. Justice Katju concluded that under Political influence, crucial matters of public importance were being allotted to handpicked benches of judges favourable to the Ruling Party.
  5. Justice Katju replied, “There is corruption rampant, a large number of judges at all levels have become corrupt. I guess 50% of judges are corrupt in India.”
  6. Supreme Court having become “Subservient to the Indian Government” which he describes as “Spinelessness and Servility
  7. Justice Katju, the day before the said judgment was pronounced by the UK Court, gave an elaborate press commentary about it before the media.

“Justice Katju has deliberately and wilfully scandalized the Hon’ble Supreme Court and has lowered its authority, not only before a Court of United Kingdom but also before the public at large, by way of giving an elaborate press briefing in the media.”

“Previously, in the year 2016, the Hon’ble Supreme Court had issued Contempt Notice against Justice Markandey Katju for one of his contemptuous Facebook posts on the Soumya rape and murder case. After hearing him for some time in the open Court Room, the Hon’ble Supreme Court had to reportedly call the security guards to escort him out. The said contempt proceedings were later on dropped by the Hon’ble Court, after accepting the unconditional apology of Justice Katju.”, the letter addressed to SGI further read.

The Ld Attorney General of India KK Venugopal vide letter dated March 30,2021 has refused to give his consent for initiating contempt proceedings against Justice Katju for making extremely contemptuous remarks in the Nirav Modi extradition case. 

I have to point out that I have known Justice Katju for the last about 16 years & we have been interacting with each other ever since. In this background it is not appropriate that I deal with the matter”, the AG said. 

The AG had also advised the applicant to file an application for consent before the Solicitor General of India, Sh Tushar Mehta & in this context. 

Also Read: An Advocate On Record Writes To Attorney General, Seeking Consent To Initiate Contempt Proceedings Against Retired Justice Markandey Katju

Attorney General Refuses Consent For Initiating Contempt Proceedings Against Justice Katju; Suggests Reference To Solicitor General Instead