Attorney General declines lawyer request to initiate contempt proceedings against Senior Advocate Kapil Sibal

New Delhi [India], September 2 (ANI): The Attorney General of India KK Venugopal has declined the request made by a Delhi-based lawyer, requested to initiate proceedings for criminal contempt of the Supreme Court of India against Senior Advocate Kapil Sibal.

In the reply copy, Attorney General KK Venugopal stated, "I have examined the statements made in their entirety, the Hindi portions have been translated for me and which run into about 30 minutes. The statements which pertain to loss of faith in the Supreme Court are not contemptuous on the face of it as the import of those statements is the fact that the orders of the Supreme Court are not implemented on the ground. No part of these statements casts any blame or aspersion upon the Court."

Additionally, the statements relating to the critiques of certain judgements delivered by the Supreme Court would fall squarely within the purview of 'fair comment', which is permissible under Section 5 of the Contempt of Courts Act,1971 itself.

Further, in regard to the judgment upholding the provisions of the Prevention of Money Laundering Act, 2002, the matter is currently sub judice as a review petition has been entertained by the Supreme Court which is pending, stated Attorney General.

"Having gone through the entirety of Sibal's speech, I find that his criticism of the Court and the judgments were so that the Court may take note of the statements in the larger interests of the justice delivery system. It does not appear to me that the statements were intended to scandalize the Court or affect the confidence of the public in the institution. I accordingly decline consent, stated Venugopal.

Advocate Vineet Jindal recently had written letters to Attorney General of India KK Venugopal, seeking his permission/ approval for a contempt case against Senior Advocate Kapil Sibal for his controversial remark against the Supreme Court of India.

Advocate Vineet Jindal had written a request letter to the Attorney General for consent to proceeding with Criminal Contempt of Court against Congress Rajya Sabha MP & senior advocate Kapil Sibal, allegedly "for scandalizing the Indian Judiciary & disgracing its dignity."

Jindal stated that Kapil Sibal's statement has directly made allegations with the intent to disgrace and scandalize the sitting judges of the Supreme Court of India. The statements by Kapil Sibal have scandalized the judgments passed by the Supreme Court judges and accused them of being corrupt.

If this kind of precedent were allowed, political leaders would start making reckless allegations against the judges of the highest Court of our country and this trend would soon lead to the failure of an independent judiciary system, states the letter written to Attorney General.

Through his statement, he has dishonoured the Judges of the Supreme court who are the guardians of the whole legal system and disgraced and jeopardized the integrity of the entire judicial system. This kind of statement would affect the masses by growing a sense of mistrust and concern among the public about the fall in the standards of the judicial system.

Jindal through its letter seeks consent under section 15 (1) (b) of the contempt

of courts Act 1971, read with rule 3 of the rules to regulate the proceedings for the contempt of the Supreme court 1975 to initiate criminal contempt against Kapil Sibal. (ANI)

Source: National