Had Justice Katju revealed ‘little regret’, we would not have actually continued against him: Gogoi
NEW DELHI: Former Chief Justice of India (CJI) and Rajya Sabha MP Ranjan Gogoi, revealing his mind on his unmatched order of initiating contempt procedures versus previous apex court judge Justice Markandey Katju for his ‘contemptuous blog’, has actually stated “we would not have pursued the matter” if he had actually revealed a “little regret”.
Justice Katju, who was a Supreme Court judge between 2006 and 2011, had criticised a judgement in a rape and murder case in his blogs and had given talk about the judges which were prima facie found to be contemptuous.
For the very first time in the nation’s judicial history, the bench headed by Justice Gogoi had provided a suo motu contempt notification versus previous judge Katju, which was later closed after his written apology.
“Markandey Katju, retired judge of the Supreme Court, posted a blog site mentioning that the judgment was legally flawed (he is entitled to say that). But he went on say more: that the ‘intellectual level’ of Supreme Court judges, disallowing justices Nariman and J Chelameswar, was extremely low. The language utilized by Katju in his blog site was exceptionally undignified. Individual judges were called and bad declarations were made …,” the 46th CJI wrote in his autobiography, ‘Justice for the Judge’, about the case.
“Had he even expressed a little regret about it or perhaps in respect of the language used in the blog site, perhaps we would not have pursued the matter. But he implicated the bench of deceiving him to come to court and of laying a trap to initiate contempt procedures versus him.
“He was insulting in his language and disposition; his conduct in court together with the language of the blog site left us without any choice but to proceed and release a contempt notification to him,” Justice Gogoi writes.
He has actually narrated the events that had actually unfolded when Justice Katju had actually appeared in the event to argue that the judgement of the pinnacle court was flawed.
He writes in the book that after the dismissal of the review petitions pertaining to the case, Justice Katju was offered the copy of his blog and was asked to check out.
“I also provided the copy of the same to Mukul Rohatgi, the then Attorney general of the United States and asked him what he thought about it. Rohatgi, who was present in the court … immediately and spontaneously said, ‘My Lord, this is contemptuous’. When he familiarized that the blog site was composed was by Katju, Rohatgi looked concerned and looked for an escape by offering alternate views.,” the former CJI writes on the one of unmatched cases of Indian legal history where a previous judge was in the dock.
The autobiography stated that the remarks of the bench made Justice Katju furious and he declared that he was not being provided the regard from sitting judges and a trap was laid to initiate contempt procedures versus him.
Justice Gogoi further writes that he was surprised when a senior supporter called him to communicate that Justice Katju wished to say sorry and later on the bench accepted the apology and closed the case.
Justice Gogoi, nevertheless, rued that Justice Katju later ended up being more vocal versus him after his retirement.
“I do not believe I needed a greater vindication of my view than journalism report that had appeared a few months earlier to the impact that Katju had actually tendered proof denigrating India and its judiciary in a Magistrate’s court in the UK in the matter of the extradition of Nirav Modi,” he composes.
“Do I require to state anything more?,” Gogoi asks in his last line on the problem.
Justice Katju had actually been important of a 2016 judgment that had reserved the death sentence for the found guilty in Kerala’s Soumya rape-murder case.
The autobiography of Justice Gogoi, the first CJI from northeast states, was released by his follower and former CJI S A Bobde in a function here on Wednesday.
Released at Thu, 09 Dec 2021 14:21:42 -0600