File photo of BJP leader H Raja
The Madras High Court Monday initiated contempt proceedings against BJP leader H Raja over his alleged derogatory remarks against the judiciary and the police.
Observing that any attempt at disrespecting the judiciary could lead to promotion of fascism and naxalism, the bench comprising justices C T Selvam and M Nirmal Kumar ordered Bharatiya Janata Party (BJP) National Secretary, to appear before the court on October 22.
The order came even as the second bench of Justice Huluvadi G Ramesh and Justice K Kalyanasundaram declined to take suo motu cognisance, saying it would hear the matter if any contempt petition was filed before it.
A criminal case was registered against Raja Sunday, a day after he picked up a quarrel with policemen in Meiyyapuram village in Pudukottai district over the route of an immersion procession of Lord Ganesh idols.
He had called the police "anti-Hindu" and "highly corrupt" besides making some remarks against judiciary when informed that permission could not be given to take out the procession through the route in view of a court order.
Raja was booked under Indian Penal Code sections including those relating to promoting enmity on grounds of religion, unlawful assembly, public nuisance, use of obscene words, deterring public servant from discharging his duty and criminal intimidation.
As a video of the incident went viral, opposition parties, including Dravida Munnetra Kazhagam (DMK), demanded action against the BJP leader, known for making stoking controversies.
Senior Minister D Jayakumar had Sunday expressed hope that the court would take action on its own against Raja for his remarks against the judiciary.
The issue echoed in the high court Monday when some advocates made a mention before the second bench headed by Justice Ramesh and sought contempt action. The bench, though, declined to initiate suo motu action.
However, the bench headed by Justice Selvam said the majesty of courts was paramount.
"The Judiciary held in high esteem by all right thinking people and which holds its head high by virtue of its numerous decisions both of old and of new has held aloft the flag of Justice," it said.
"Any attempt at creating a dent in this most revered pillar of our democratic system could lead to promotion of fascism, naxalism and all that is opposed to democracy," it added.
With this concern, the court was taking cognisance of the "scandalous conduct of the contemner in the course of his actions visuals and reports whereof are in wide circulation...," the bench said.
In its order, the bench gave a detailed explanation on why it was initiating suo motu contempt though, it was not the concerned bench according to portfolio allocation.
"Let us be told that if any individual Judge or body of Judges is held in scant disregard, disrespect and scandalous contempt, the brother/sister Judges will await and abide the decision of the one to whom the portfolio stands allotted!" it said.
It said the court might be told that exercise of contempt jurisdiction was a rarity and that legal niceties, procedural technicalities and judicial politeness would deter courts from acting against the contemner.
Facing the heat, Raja had Sunday claimed his remarks had been "selectively edited" and disseminated.
