Karnataka HC Convicts Man For Contempt For Filing Criminal Complaint Against SC Judges Who Passed Cauvery Verdict [Read Order]
The Karnataka High Court on Thursday convicted a man for contempt for filing criminal complaint against former CJI and two judges of the Supreme Court alleging that they passed an ‘illegal’ order in Cauvery issue.
Apparently ‘aggrieved’ by the Supreme Court verdict on Cauvery issue, MD Rajanna, a resident of Mandya district, filed a complaint before a local magistrate court.
The first three accused in his complaint were none other than the judges who delivered the verdict, viz. then CJI TS Thakur, Justice Dipak Misra and Justice Uday Umesh Lalit. The then chief ministers of Karnataka and Tamil Nadu were also arrayed as accused along with Secretary of Central Irrigation Department and state irrigation minister.
In his complaint, he said the Supreme Court has no power to adjudicate interstate water dispute and only the Parliament has the power to enact a law in this regard. According to him, knowing this position well, the Chief Ministers of the states and the other accused approached the Supreme Court with the dishonest intention to cheat and defraud Karnataka people.
The judges who delivered the verdict were arrayed as accused, because, according to him, they passed the order directing Karnataka to release 15,000 cusecs per day to Tamil Nadu for 10 days, ‘illegally’, and it amounts to offence under Section 219 of Indian Penal Code.
The magistrate dismissed his complaint and proposed for initiating necessary action against him for contempt of court. Later the high court initiated contempt proceedings against him.
“The allegations made in the private complaint that accused Nos.1 to 3 being the Hon’ble Chief Justice and other two Judges of the Hon’ble Supreme Court have passed the order by corrupt practice, is per se contemptuous,” the bench of Justice Budihal RB and Justice KS Mudagal said.
Sentencing the accused for six months’ imprisonment for contempt, the bench observed: “In the private complaint present accused alleged that the accused in the said private complaint committed an offence under Section 219 of IPC. Those allegations make it clear that it is not a fair criticism of the judgment of the Hon’ble Apex Court and the allegations also show that they intend to scandalize and lower the authority of the Court. The allegations also amount to interfering with the due course of judicial proceedings and also amount to obstruct the administration of justice by the Courts of law.”
Read the Order Here