AG denies nod for contempt case over Rajdeep Sardesai tweet

Attorney General (AG) KK Venugopal on Thursday declined to grant permission for initiation of criminal contempt of court proceedings against journalist Rajdeep Sardesai for his tweets criticising the Supreme Court’s handling of the contempt of court case against lawyer Prashant Bhushan.

Sardesai’s tweets were not of a serious nature so as to undermine the majesty of the court or lower its stature in the mind of the public, Venugopal said in his letter to advocate Om Prakash Parihar, who was representing the petitioner, Astha Khurana.

“The reputation of the Supreme Court as one of the great pillars of our democracy has been built assiduously over the last 70 years. Trifling remarks and mere passing criticism though perhaps distasteful are unlikely to tarnish the image of the institution,” AG said in his letter.

As per Section 15 of the Contempt of Courts Act and Rule 3 of Rules to Regulate Proceedings for Contempt of Supreme Court, the consent of AG or the solicitor general is required before the apex court can hear a criminal contempt petition filed by a private individual.

“Satyamev Jayate [Truth always wins]!thank you to guardians of the law and constitution,” Sardesai tweeted.

This is the second instance in recent weeks when Venugopal has declined consent for initiation of contempt of court proceedings.

On August 23, he rejected permission to a petitioner from Karnataka seeking initiation of criminal contempt of court proceedings against Bollywood actor Swara Bhasker for her statements criticising the top court and its judgment in the Ayodhya dispute.

In the Prashant Bhushan case -- where the top court, on its own, initiated criminal contempt of court proceedings against the activist-lawyer for two tweets -- the Centre’s top law officer urged the court not to impose any punishment on Bhushan.

Venugopal appeared in that case in his personal capacity at the court’s request. “Your Lordships should reprimand him and tell him not to repeat it in future. But do not punish him. It will be greatly appreciated at the Bar. That will be a fitting end to this case,” he said on August 20.

Khurana, who hails from Panipat in Haryana, highlighted multiple tweets by Sardesai to buttress her case for initiation of contempt proceedings against him.

On August 14, the day Bhushan was convicted for contempt of court, Sardesai had tweeted, “Prashant Bhushan held guilty of contempt by Supreme Court, sentence to be pronounced on August 20. This even as habeas corpus petitions of those detained in Kashmir for more than a year remain pending.”

Later when the top court imposed a sentence of Re 1 on Bhushan on August 31, Sardesai posted the following tweet: “Rs 1 token fine imposed by SC on Prashant Bhushan in contempt case. If he doesn’t pay it, then 3 months jail sentence. Clearly, court looking to wriggle out of an embarrassment of its own making.”

Khurana also referred to older tweets in which Sardesai allegedly cast aspersions on justice Arun Mishra, who had heard Prashant Bhushan’s contempt case, and former Chief Justice of India, Ranjan Gogoi.

“I do not find any warrant for initiation of proceedings for criminal contempt. I accordingly decline consent,” AG stated in his letter.

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