New Delhi: Former Chief Justice of India (chief Judge) And Rajya Sabha MP Ranjan GogoiExpressed his mind on his unprecedented order to initiate contempt proceedings against former Supreme Court judge Justice Markandeya Katju For his ‘contemptuous blog’, has stated that “we would not have pursued this matter” if he had expressed “little regret”.
Justice Katju, who was a Supreme Court judge between 2006 and 2011, in his blog criticized a verdict in a rape and murder case and commented on judges who were prima facie found to be contemptuous.
For the first time in the judicial history of the country, a bench headed by Justice Gogoi had issued automatic contempt notice against former Judge Katju, which was later closed after his written apology.
“Retired Supreme Court Judge Markandey Katju, in a blog post, said the judgment was legally flawed (he deserves to say so). But he added more: that the ‘intellectual level’ of Supreme Court judges, barring Justices Nariman and J Chelameswar, was extremely low. The language used by Katju in his blog is very indecent. Individual judges were nominated and derogatory statements were made…’
“Had he expressed even a little regret about it or the language used in the blog, we might not have pursued the matter. But he accused the bench of misleading him to come to court. and is laying a trap to initiate contempt proceedings against them.
Justice Gogoi writes, “He was insulting in his language and nature; his conduct in court as well as the language of the blog left us no option but to go ahead and issue a contempt notice to him.”
He has narrated the incidents that had unfolded when Justice Katju appeared in the case to argue that the apex court’s decision was erroneous.
He writes in the book that after the review petitions related to the case were dismissed, Justice Katju was given a copy of his blog and asked to read it.
“I also gave a copy of the same to the then Attorney General Mukul Rohatgi and asked him what he thought about it. Rohatgi, who was present in the court… immediately and instinctively said, ‘My God, this is contempt’. When he came to know that the blog Katju had written, Rohatgi Looked worried and tried to find a way out by offering alternative views..,” writes the former CJI on one of the unprecedented cases in Indian legal history where a former judge was in the dock.
The autobiography said the remarks of the bench angered Justice Katju and he alleged that he was not being respected by the sitting judges and a trap was set to initiate contempt proceedings against him.
Justice Gogoi further writes that he was surprised when a senior advocate called him to explain that Justice Katju wanted to apologise and later the bench closed the matter by accepting the apology.
However, Justice Gogoi lamented that after retirement, Justice Katju later became more vocal against him.
“I don’t think I needed more confirmation of my view than the press report that came out a few months ago that Katju presented evidence defaming India and its judiciary in a magistrate’s court in the UK in an extradition case of Nirav Modi,” he writes.
Gogoi asks in his last line on this issue, “Do I need to say anything more?”
Justice Katju had criticized the 2016 judgment that quashed the death sentence awarded to a convict in the Soumya rape-murder case in Kerala.
The autobiography of Justice Gogoi, the first CJI of the northeastern states, was released by his successor and former CJI SA Bobde at a function here on Wednesday.
Justice Katju, who was a Supreme Court judge between 2006 and 2011, in his blog criticized a verdict in a rape and murder case and commented on judges who were prima facie found to be contemptuous.
For the first time in the judicial history of the country, a bench headed by Justice Gogoi had issued automatic contempt notice against former Judge Katju, which was later closed after his written apology.
“Retired Supreme Court Judge Markandey Katju, in a blog post, said the judgment was legally flawed (he deserves to say so). But he added more: that the ‘intellectual level’ of Supreme Court judges, barring Justices Nariman and J Chelameswar, was extremely low. The language used by Katju in his blog is very indecent. Individual judges were nominated and derogatory statements were made…’
“Had he expressed even a little regret about it or the language used in the blog, we might not have pursued the matter. But he accused the bench of misleading him to come to court. and is laying a trap to initiate contempt proceedings against them.
Justice Gogoi writes, “He was insulting in his language and nature; his conduct in court as well as the language of the blog left us no option but to go ahead and issue a contempt notice to him.”
He has narrated the incidents that had unfolded when Justice Katju appeared in the case to argue that the apex court’s decision was erroneous.
He writes in the book that after the review petitions related to the case were dismissed, Justice Katju was given a copy of his blog and asked to read it.
“I also gave a copy of the same to the then Attorney General Mukul Rohatgi and asked him what he thought about it. Rohatgi, who was present in the court… immediately and instinctively said, ‘My God, this is contempt’. When he came to know that the blog Katju had written, Rohatgi Looked worried and tried to find a way out by offering alternative views..,” writes the former CJI on one of the unprecedented cases in Indian legal history where a former judge was in the dock.
The autobiography said the remarks of the bench angered Justice Katju and he alleged that he was not being respected by the sitting judges and a trap was set to initiate contempt proceedings against him.
Justice Gogoi further writes that he was surprised when a senior advocate called him to explain that Justice Katju wanted to apologise and later the bench closed the matter by accepting the apology.
However, Justice Gogoi lamented that after retirement, Justice Katju later became more vocal against him.
“I don’t think I needed more confirmation of my view than the press report that came out a few months ago that Katju presented evidence defaming India and its judiciary in a magistrate’s court in the UK in an extradition case of Nirav Modi,” he writes.
Gogoi asks in his last line on this issue, “Do I need to say anything more?”
Justice Katju had criticized the 2016 judgment that quashed the death sentence awarded to a convict in the Soumya rape-murder case in Kerala.
The autobiography of Justice Gogoi, the first CJI of the northeastern states, was released by his successor and former CJI SA Bobde at a function here on Wednesday.
,