Criminal contempt case: SC orders Sanjay Raut to appear in person, Nikhil Wagle to join virtually over remarks against CJI Surya Kant

The SC has directed Shiv Sena (UBT) MP Sanjay Raut to appear physically on November 17 in a criminal contempt case.
Sanjay Raut summoned by SC in contempt case (Image via Britannica and LokSatta)

On Wednesday, 28th October, the Supreme Court directed Shiv Sena (UBT) Rajya Sabha MP Sanjay Raut to appear in person before it on 17th November in a criminal contempt case over his remarks targeting the Chief Justice of India (CJI) Surya Kant and the higher judiciary. The court also directed journalist Nikhil Wagle to appear virtually on the same date after taking note of his unconditional apology.

A Bench of Justices Aravind Kumar and Vipul M Pancholi passed the directions in a case filed by the Supreme Court Bar Association (SCBA). The proceedings followed the Attorney General for India R Venkataramani’s consent to initiate criminal contempt action against Raut and Wagle under the Contempt of Courts Act, 1971.

The Bench said, “Having regard to the magnitude of the issue involved, we are of the view that R1 [Wagle] shall appear virtually on the next date of hearing… We direct R2 [Raut] to be present physically before this court on the next date of hearing.”

The remarks came after reports emerged that CJI Surya Kant had declined a request by INDI bloc leaders for a meeting ahead of their planned march to the Supreme Court on 12th October. The march to the Supreme Court was organised as part of the opposition alliance’s demand for the resignation of Chief Election Commissioner Gyanesh Kumar. 

Following the decision, Wagle posted an abusive remark targeting the CJI on X, which was later deleted. Raut, meanwhile, made statements alleging that Supreme Court and High Court judges attended political events organised by the ruling party. He also claimed that judges had played badminton with political leaders in London.

On 16th October, a Bench led by CJI Surya Kant and Justice Joymalya Bagchi issued show-cause notices to both men, asking why contempt proceedings should not be initiated against them. The CJI had described attacks on the judiciary by people who themselves approach courts for relief as “very, very unfortunate”. The court had initially exempted both respondents from personal appearance.

During Wednesday’s hearing, Senior Advocate Indira Jaising, appearing for Wagle, told the court that her client had filed an affidavit offering an unconditional apology and had removed the post. “He has not only taken down the post but has tendered an unconditional apology in the form of an affidavit… At the earliest possible opportunity he has tendered an unconditional apology. He doesn’t justify anything he’s done,” Jaising submitted.

The SCBA’s lawyers, however, argued that the abusive post had remained online until the contempt notice was served. The Bench permitted Wagle to attend the next hearing virtually.

Sanjay Raut’s ‘Learn from Albania’ post triggers complaint

Sanjay Raut has a long-standing history of making aggressive, provocative, and controversial statements against political opponents and constitutional authorities, and was recently embroiled in another controversy over another explosive post on social media. He called for an Albania-like situation in India where violent anti-government protests have been causing havoc, in a post on X. 

In his post, Raut wrote: “The people of Albania have burned down the Supreme Court. The people were enraged because the Supreme Court was helping corrupt prime ministers. The protesting public has also attacked the parliament and government offices, as well as the ministers’ homes. All countries should learn a lesson from these events. Especially India.”

Advocate Vineet Jindal filed a formal complaint seeking an FIR against Raut under Sections 353(1)(b), 152, 196, and 197 of the Bharatiya Nyaya Sanhita (BNS), 2023, alongside provisions of the Information Technology Act, 2000.

Written by OpIndia Staff
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