New Delhi: A plea has been moved before Attorney General K.K. Venugopal seeking his consent to initiate criminal contempt of court proceedings against former Delhi High Court judge Justice S.N. Dhingra in connection with the Supreme Court’s (SC) observations in the Nupur Sharma case.
Supreme Court advocate C R Jaya Sukin also sought similar action against former Additional Solicitor General Aman Lekhi and senior advocate K. Rama Kumar, who also questioned the top court’s observations. Speaking to ETV Bharat, Rakesh Tripathi, Sukin Wednesday said that no one can criticize the court and doing so was akin to inflicting huge damage to the Indian Judiciary.
On July 1, the top court slammed Sharma for her controversial remarks on Prophet Muhammad and said she single-handedly is responsible for trouble in the country. The apex court noted that her outburst is responsible for the unfortunate incident at Udaipur, related to the brutal killing of a tailor, Kanhaiya Lal on June 29. ETV Bharat tried to speak to the former Judge S N Dhingra, but he didn’t pick up the call. Here are the excerpts from the conversation with advocate Sukin.
ETB: What is your plea?
Sukin: Actually the Supreme court runs according to the Indian Constitution. If you are not satisfied with the court orders, you go and appeal. You can go for a review petition. You can’t directly criticize the court. Both the Supreme Court judges didn’t pass any order. They observed something orally only. When the argument is going on, an advocate is standing, judges observation is normal in the court. You can not criticize oral observation also. The honourable retired judge S N Dhingra used the words ‘ illegal’, Aman Lekhi used the words ‘unwarranted ’. This is the huge damage to the Indian Judiciary system.
ETB: Justice Dhingra said that if the Judge was so concerned, why did not he give his observations in writing?
Sukin: Because whenever the court is hearing the matter, they delink all angles. That is the oral observation. Ultimately they give the order.
ETB: But Justice Dhingra said that he didn’t write this in his order that Nupur Sharma is responsible for whatever is happening in the country. The question Justice Dhingra put was that why didn’t he give his observations in writing?
Sukin: Yes, they did not write it. Normally any court’s hearing is different and the order is different. You can't compel the court’s proceedings. Proceeding means arguments. Witnesses sharing and other proceedings. But the order is something different. Justice Dhingra used the words 'illegal' against the SC Judge which is not acceptable. Because judges cannot refund the judgement on all the observations during hearing. Ultimately only finding will be there in the order.
ETB: Can the observations in writing be challenged in another bench of the SC court to get the observations expunged?
Sukin: Yes you can file the review petition, approach the chief justice to hear the review petition. That is the rule in Supreme court.
ETB: You mean to say that since the judges have made the observation orally, Nupur cannot appeal to the chief justice?
Sukin: She cannot go the chief justice court. She can file the review petition in the Supreme Court. But since the observations are made orally, it cannot be expunged. If any of the judge express something orally, the same cannot be implemented. You cannot challenge the oral observation.
ETB: What is the next move?
Sukin: Since Nupur sharma has withdrawn her petition, she cannot file the review petition. But she can file the fresh petition again in the SC to consider her grievance. No one can challenge the oral observations. Attorney General hasn’t given his consent yet. I believe he will give the consent to file a case against the former Delhi HC Judge S N Dhingra.
