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Contempt proceedings: Jethmalani dares Govt
A dramatic showdown seems imminent after senior advocate Ram Jethmalani on Wednesday challenged the Centre to press for contempt proceedings against him for alleging that the CBI probe into the Sohrabuddin Sheikh killing was the result of a “conspiracy".
Jethmalani, who appears for former Gujarat Minister Amit Shah in the Sohrabuddin case monitored by the SC, had sought the recall of the January 12, 2010 order directing CBI probe on the ground that one of the judges hearing the case was “biased”. His reference was to Justice (since retired) Tarun Chatterjee, who gave the judgement despite being an accused in the Ghaziabad provident fund scam, also investigated by the CBI.
The Centre represented by Additional Solicitor General (ASG) Indira Jaising mounted a spirited attack against Jethmalani and his client by accusing both of causing contempt of court by making such a “fanciful” charge. The bench of Justices Aftab Alam and Ranjana Desai had asked the Centre if there was any truth in Jethmalani’s allegations, particularly since he had vetted the entire application before it was filed in court.
Demanding initiation of contempt against Shah, Jethmalani and the filing counsel Anish Kumar Gupta for the “contemptuous” remarks, Jaising said, “The said paragraph (in the application) explicitly and in no uncertain terms alleges…. a tripartite conspiracy between the Centre, CBI and by innuendo this court, whether knowingly or otherwise.”
Jethmalani clarified that the application only mentioned a conspiracy between the Centre, CBI and other institutions without naming any one in particular. But the ASG spitefully rebuffed, “I demand the court to initiate suo motu contempt not only on part of applicant but also those who have put their sign to it.” She maintained that the allegation of bias against the judge had no evidence and was nothing but a “self-serving smokescreen” aimed to subvert the cause of justice.
Provoked to anger, Jethmalani said, “The counsel does not wish to withdraw the allegation and if anybody is to be punished for contempt, it’s me. I have never witnessed such kind of advocacy.”
Even the bench made light of ASG’s submission. It said, “Going by this standard, draftsmen on both sides are at grave danger,” in an obvious reference to CBI’s transfer application which alleged that the kith and kin of the accused in the Gujarat judiciary could influence the Sohrabuddin case trial. The CBI’s allegation has since been proven wrong.
