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Protest

'We Are Equally Guilty..'

'...of supporting the Freedom of Press which the Court has punished,' say 18 eminent personalities, protesting the Delhi High Court holding the editors, publisher and cartoonist of Mid Day guilty of contempt of Court.

Admiral R.H. Tahiliani , S.P. Shukla , Romilla Thapar , Ramaswamy Iyer , Aruna Roy , Others

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Controversy

Contempt Of Judicial Power

Former Chief Justice of India Y.K. Sabharwal's defence becomes murkier -- rebutting the former CJI's rejoinder, point by painstaking point to show how it ignores or sidesteps the inconvenient and emphasises the irrelevant.

Prashant Bhushan, Campaign for Judicial Accountability and Reforms

The Delhi High Court has held the editors, publisher and cartoonist of Mid Day guilty of contempt of Court. What was their crime? That they carried investigative reports about how the former Chief Justice of India, Justice Y.K. Sabharwal passed orders for sealing lakhs of commercial establishments operating from residential areas, while his sons had got into partnerships with Shopping Mall and commercial complex developers who stood to benefit from his sealing orders.

The stories were based essentially on documents obtained from the website of the department of Company affairs. The matter was thereafter investigated by eminent members of the Campaign for Judicial Accountability and reforms who issued a very serious and damaging Press Release about the judicial misconduct involved in Justice Sabharwal dealing with the sealing cases (where he had a conflict of interest) and on the need to investigate the aspect of his having conspired with the Mall and Commercial complex developers to pass the sealing orders, particularly in the context of the manner in which Justice Sabharwal came to deal with the sealing case, the timing of his orders, and the cementing of partnerships between his sons and the commercial complex developers.

Though Justice Sabharwal has responded to the charges, the Campaign for Judicial Accountablity has issued a rejoinder [see the bottom of this page] which shows that the matter needs to be thoroughly investigated. Eminent judges like Justices V.R. Krishna Iyer and J.S. Verma have endorsed the need to have a thorough investigation into the charges.

The Delhi High Court has held the Mid Day staff guilty of Contempt without disputing the factual accuracy of the their reports, only on the basis that such reports about a former Chief Justice functioning in his judicial capacity, where he was also sitting with other judges, brings the entire judiciary into disrepute and therefore amounts to Contempt. This view if accepted, would make the amendment in the Contempt of Courts Act, making truth a defence, irrelevant, and more importantly, make it impossible to ever bring judicial corruption to public view. We are firmly of the view that preventing exposure of Judicial corruption by using the threat of contempt will only bring the judiciary to greater contempt and disrepute in the eyes of the common people.

We believe that Mid Day was only doing its duty, namely reporting on the facts of an important case which is a part of freedom of expression and which is crucial for the healthy functioning of democracy anywhere in the world.

We therefore urge the Court to immediately recall the orders against Mid Day. We believe since a prima facie case has been established against Justice Sabharwal, there needs to be a thorough investigation, and further follow up action as required. Only that will restore public confidence in the judiciary. This is a great moment for the judiciary to establish its credentials as being impartial and show to the public that it stands apart from the other institutions of society that are under a cloud of corruption and declining credibility in the eyes of the public.

Punishing the staff of Mid Day who performed a valuable public service by investigating and exposing the matter, will not only be unjust, but will send an improper signal to the media and the citizens in general that the judiciary is aiding in covering up wrong doing within its ranks. If that be the ultimate decision of the High Court in this matter, then we the signatories of this statement by supporting the action of Mid Day in publishing the report are equally guilty of supporting the Freedom of Press which the Court has punished.

We also appeal to the public at large and members of the judicial fraternity in particular to come out in support of the Freedom of Press and an immediate stop to the misuse of contempt of court proceedings to curtail such freedom.

Signed by:

Admiral R.H. Tahiliani (former Naval Chief and Chairman of Transparency International, India)
S.P. Shukla (Former Finance Secretary, and Member Planning Commission, Govt of India)
Ramaswamy Iyer (former Water Resources Secretary, Govt of India)
Romilla Thapar (Historian)
Aruna Roy (Founder MKSS and former Member, N.A.C.)
Medha Patkar (Founder Narmada Bachao Andolan)
Arundhati Roy (Writer)
Vandana Shiva (Environmental campaigner, founder Navdanya)
Swami Agnivesh (Social reformer)
Rajendra Singh (Water Campaigner, Magsaysay awardee)
Tarun Tejpal (Editor, Tehelka)
Madhu Bhaduri (IFS, Former Ambassador of India)
Amit Bhaduri (Former Professor of Economics, JNU)
Arun Kumar (Professor Economics, JNU)
Praful Bidwai (Journalist)
Shailesh Gandhi (Convenor, National Campaign for People’s Right to Info)
Nikhil De (Social Activist and RTI Campaigner)
Arvind Kejriwal (RTI Campaigner, Magsaysay awardee)

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Controversy

Contempt Of Judicial Power

Prashant Bhushan, Campaign for Judicial Accountability and Reforms

Filed In Topics: Judiciary, Media, Courts- Contempt and Accountability, Corruption In Judiciary, Admiral R.H. Tahiliani, S.P. Shukla, Romilla Thapar, Ramaswamy Iyer, Aruna Roy, Others

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HAVE YOUR SAY

Sep 25, 2007 12:00 AM 13	The courts in this country are being run by theives, bigger and more shameless than the ones who sit in the Parliament. The authors of this article are expecting the theives to pronounce a mea culpa. I salute their efforts. Vinayak bangalore, India
Sep 24, 2007 12:00 AM 12	What a shocking state of affairs. Is a judge above the law? If the judiciary is unable to self-regulate and instead seeks to punish those who seek accoutability, the legislature should step in. It should make laws that regulate conduct on the bench and legislate more clearly circumstances where contempt of court can be used as a sheild or a sword. The news report concerning the Delhi High Court decision is reminscent of the dark days of the Emergency. It is heartening therefore to know that the Supreme Court has agreed to take up the case. Jaipat S. Jain, New York City Jaipat S. Jain New York, United States
Sep 22, 2007 12:00 AM 11	"...the power that comes from playing Chief Arbiter in all our lives has bestowed judges with a near God-like seclusion from scepticism and scrutiny. Just as the believer is not meant to ask for proof at the temple of faith, we are expected not to demand evidence that the men and women who uphold our Constitution have the integrity to do so. Every institution of India — politicians, journalists and corporate chieftains — comes within the purview of the judiciary but when it comes to auditing their own conscience, judges want everyone else to stay out." http://www.hindustantim...line=Courting+seclusion Ghulam Y Faruki New York, United States
Sep 20, 2007 12:00 AM 10	It's good that such an issue has come to the forefront - the judiciary, especially HC judges has traditionally seen themselves as being above the law, unaccountable and answerable to no one - they have the 'contempt' weapon to back it up. Let's see what the SC jsutices have to say when this case comes before them, which seems a certainty. Bodh Springfield, United States
Sep 20, 2007 12:00 AM 9	There we go again ...their eminences. Eminent persons. Sigh. Can't Indians use a different word for that - even if these eminences are usually leftis busy bodies who have their own dirty hiddden(and thoroughly biased) agenda sandy Mumbai, India
Sep 20, 2007 12:00 AM 8	A petition well worth signing even though it would mean being in the dubious company of Romila Thapar and Arundhati Roy. radesh rangarajan chennai, India
Sep 20, 2007 12:00 AM 7	Justice Sabharwal should have recused himself from the sealing case. For him not to do so was egregious. Contempt of court charges should be applied only when someone obstructs, impedes or sabotages the work of the court, and not when someone questions a judgement or questions the conduct of a judge. Ghulam Y Faruki New York, United States
Sep 20, 2007 12:00 AM 6	"The comment about jailing the lefties was made in jest(partly!!!!). As far the issue is concerned, I dont know anything and really do not care one way or the other. " Thank you for playing a jester! Please stay away from topics of national importance that are result in jailing of reporters; otherwise, you are unwittingly contributing to the destruction of the commons and the public good. Sanjay Dani San Francisco, USA
Sep 20, 2007 12:00 AM 5	"please study it well and comment on the issues or use scores of political articles for settling those scores. " The comment about jailing the lefties was made in jest(partly!!!!). As far the issue is concerned, I dont know anything and really do not care one way or the other. Ganesan Nj, USA
Sep 20, 2007 12:00 AM 4	Ganesan -- this isn't a fight for settling right vs left scores (if anything, i'm more right wing than most writers and most probably you). this is a critical issue that goes beyond those. please study it well and comment on the issues or use scores of political articles for settling those scores. Sanjay Dani San Francisco, USA
Sep 20, 2007 12:00 AM 3	Since a lot of leftists are involved-especially Thapar, Bidwai, Roy and others, I hope the court takes this petition as an admission of guilt and puts them in jail for contempt of court or global warming or for eating samosa. Thapar and Bidwai, who have supported every leftist thug in the world, will come to know what how it feels when the foot is on the other boot. Ganesan Nj, USA
Sep 20, 2007 12:00 AM 2	Shailesh, Arvind, et al. You are fighting a worthy fight! Please suggest all like-minded people what actions they can take. Freedom of speech is being attacked all over the world from surprising, but chillingly effective, forces: in the USA from excessive police force under the ruse of "maintaining order" and in India, ironically, from the judiciary under the ruse of "judicial independence". The have turned conventional wisdom upside down. Politicians who face the electorate regularly AREN'T the culprits, the unelected police and judges are by virtue of subverting the "sovereign immunity" privileges that accrue to them for practical purposes. Things have come to such a pass that apparently it's relatively easier to fight a uniformed dictator in a quasi-theological state of Pakistan, that now has more freedom of speech than India. The judiciary's hubris has reached a new low with this decision, despite the truth as defense amendment by the parliament and the learned, low-pitch but serious "Campaign". Let's view this as a unique opportunity and a turning point in the long-unsuccessful fight for judicial accountability. The judicialreforms dot org site identifies real reasons why impeachment has always been a non-starter and why MPs are reluctant to sign. The Delhi High Court judges, by directly contravening parliament's "truth as defense" amendment, have handed us the first case that raises the cause for judicial impeachment above personal malfeasance (that understandably make MPs uncomfortable) into a principle based arena but nonetheless a serious abuse of judicial power with far-reaching adverse impact on the democracy as envisioned in the constitution. Constitutional checks-and-balances can never be realized with the coldwaresque detente in India that has kept the legislative and the judiciary hands-off of each other with increasingly disastrous results. The best tribute to the constitutional drafters would be by breaking that hands-off policy by employing the tool of impeachment they expressly bequeathed the people of India. I urge to carry out the campaign to lobby members of parliament openly and through the media so even that freedom will not be usurped by the judiciary. Sanjay Dani San Francisco, USA
Sep 20, 2007 12:00 AM 1	Shailesh, Arvind, et al. You are fighting a worthy fight! Please suggest all like-minded people what actions they can take. Freedom of speech is being attacked all over the world from surprising, but chillingly effective, forces: in the USA from excessive police force under the ruse of "maintaining order" and in India, ironically, from the judiciary under the ruse of "judicial independence". The have turned conventional wisdom upside down. Politicians who face the electorate regularly AREN'T the culprits, the unelected police and judges are by virtue of subverting the "sovereign immunity" privileges that accrue to them for practical purposes. Things have come to such a pass that apparently it's relatively easier to fight a uniformed dictator in a quasi-theological state of Pakistan, that now has more freedom of speech than India. The judiciary's hubris has reached a new low with this decision, despite the truth as defense amendment by the parliament and the learned, low-pitch but serious "Campaign". Let's view this as a unique opportunity and a turning point in the long-unsuccessful fight for judicial accountability. The judicialreforms dot org site identifies real reasons why impeachment has always been a non-starter and why MPs are reluctant to sign. The Delhi High Court judges, by directly contravening parliament's "truth as defense" amendment, have handed us the first case that raises the cause for judicial impeachment above personal malfeasance (that understandably make MPs uncomfortable) into a principle based arena but nonetheless a serious abuse of judicial power with far-reaching adverse impact on the democracy as envisioned in the constitution. Constitutional checks-and-balances can never be realized with the coldwaresque detente in India that has kept the legislative and the judiciary hands-off of each other with increasingly disastrous results. The best tribute to the constitutional drafters would be by breaking that hands-off policy by employing the tool of impeachment they expressly bequeathed the people of India. I urge to carry out the campaign to lobby members of parliament openly and through the media so even that freedom will not be usurped by the judiciary. Sanjay Dani San Francisco, USA

Sep 20, 2007 12:00 AM 1	Shailesh, Arvind, et al. You are fighting a worthy fight! Please suggest all like-minded people what actions they can take. Freedom of speech is being attacked all over the world from surprising, but chillingly effective, forces: in the USA from excessive police force under the ruse of "maintaining order" and in India, ironically, from the judiciary under the ruse of "judicial independence". The have turned conventional wisdom upside down. Politicians who face the electorate regularly AREN'T the culprits, the unelected police and judges are by virtue of subverting the "sovereign immunity" privileges that accrue to them for practical purposes. Things have come to such a pass that apparently it's relatively easier to fight a uniformed dictator in a quasi-theological state of Pakistan, that now has more freedom of speech than India. The judiciary's hubris has reached a new low with this decision, despite the truth as defense amendment by the parliament and the learned, low-pitch but serious "Campaign". Let's view this as a unique opportunity and a turning point in the long-unsuccessful fight for judicial accountability. The judicialreforms dot org site identifies real reasons why impeachment has always been a non-starter and why MPs are reluctant to sign. The Delhi High Court judges, by directly contravening parliament's "truth as defense" amendment, have handed us the first case that raises the cause for judicial impeachment above personal malfeasance (that understandably make MPs uncomfortable) into a principle based arena but nonetheless a serious abuse of judicial power with far-reaching adverse impact on the democracy as envisioned in the constitution. Constitutional checks-and-balances can never be realized with the coldwaresque detente in India that has kept the legislative and the judiciary hands-off of each other with increasingly disastrous results. The best tribute to the constitutional drafters would be by breaking that hands-off policy by employing the tool of impeachment they expressly bequeathed the people of India. I urge to carry out the campaign to lobby members of parliament openly and through the media so even that freedom will not be usurped by the judiciary. Sanjay Dani San Francisco, USA
Sep 20, 2007 12:00 AM 2	Shailesh, Arvind, et al. You are fighting a worthy fight! Please suggest all like-minded people what actions they can take. Freedom of speech is being attacked all over the world from surprising, but chillingly effective, forces: in the USA from excessive police force under the ruse of "maintaining order" and in India, ironically, from the judiciary under the ruse of "judicial independence". The have turned conventional wisdom upside down. Politicians who face the electorate regularly AREN'T the culprits, the unelected police and judges are by virtue of subverting the "sovereign immunity" privileges that accrue to them for practical purposes. Things have come to such a pass that apparently it's relatively easier to fight a uniformed dictator in a quasi-theological state of Pakistan, that now has more freedom of speech than India. The judiciary's hubris has reached a new low with this decision, despite the truth as defense amendment by the parliament and the learned, low-pitch but serious "Campaign". Let's view this as a unique opportunity and a turning point in the long-unsuccessful fight for judicial accountability. The judicialreforms dot org site identifies real reasons why impeachment has always been a non-starter and why MPs are reluctant to sign. The Delhi High Court judges, by directly contravening parliament's "truth as defense" amendment, have handed us the first case that raises the cause for judicial impeachment above personal malfeasance (that understandably make MPs uncomfortable) into a principle based arena but nonetheless a serious abuse of judicial power with far-reaching adverse impact on the democracy as envisioned in the constitution. Constitutional checks-and-balances can never be realized with the coldwaresque detente in India that has kept the legislative and the judiciary hands-off of each other with increasingly disastrous results. The best tribute to the constitutional drafters would be by breaking that hands-off policy by employing the tool of impeachment they expressly bequeathed the people of India. I urge to carry out the campaign to lobby members of parliament openly and through the media so even that freedom will not be usurped by the judiciary. Sanjay Dani San Francisco, USA
Sep 20, 2007 12:00 AM 3	Since a lot of leftists are involved-especially Thapar, Bidwai, Roy and others, I hope the court takes this petition as an admission of guilt and puts them in jail for contempt of court or global warming or for eating samosa. Thapar and Bidwai, who have supported every leftist thug in the world, will come to know what how it feels when the foot is on the other boot. Ganesan Nj, USA
Sep 20, 2007 12:00 AM 4	Ganesan -- this isn't a fight for settling right vs left scores (if anything, i'm more right wing than most writers and most probably you). this is a critical issue that goes beyond those. please study it well and comment on the issues or use scores of political articles for settling those scores. Sanjay Dani San Francisco, USA
Sep 20, 2007 12:00 AM 5	"please study it well and comment on the issues or use scores of political articles for settling those scores. " The comment about jailing the lefties was made in jest(partly!!!!). As far the issue is concerned, I dont know anything and really do not care one way or the other. Ganesan Nj, USA
Sep 20, 2007 12:00 AM 6	"The comment about jailing the lefties was made in jest(partly!!!!). As far the issue is concerned, I dont know anything and really do not care one way or the other. " Thank you for playing a jester! Please stay away from topics of national importance that are result in jailing of reporters; otherwise, you are unwittingly contributing to the destruction of the commons and the public good. Sanjay Dani San Francisco, USA
Sep 20, 2007 12:00 AM 7	Justice Sabharwal should have recused himself from the sealing case. For him not to do so was egregious. Contempt of court charges should be applied only when someone obstructs, impedes or sabotages the work of the court, and not when someone questions a judgement or questions the conduct of a judge. Ghulam Y Faruki New York, United States
Sep 20, 2007 12:00 AM 8	A petition well worth signing even though it would mean being in the dubious company of Romila Thapar and Arundhati Roy. radesh rangarajan chennai, India
Sep 20, 2007 12:00 AM 9	There we go again ...their eminences. Eminent persons. Sigh. Can't Indians use a different word for that - even if these eminences are usually leftis busy bodies who have their own dirty hiddden(and thoroughly biased) agenda sandy Mumbai, India
Sep 20, 2007 12:00 AM 10	It's good that such an issue has come to the forefront - the judiciary, especially HC judges has traditionally seen themselves as being above the law, unaccountable and answerable to no one - they have the 'contempt' weapon to back it up. Let's see what the SC jsutices have to say when this case comes before them, which seems a certainty. Bodh Springfield, United States
Sep 22, 2007 12:00 AM 11	"...the power that comes from playing Chief Arbiter in all our lives has bestowed judges with a near God-like seclusion from scepticism and scrutiny. Just as the believer is not meant to ask for proof at the temple of faith, we are expected not to demand evidence that the men and women who uphold our Constitution have the integrity to do so. Every institution of India — politicians, journalists and corporate chieftains — comes within the purview of the judiciary but when it comes to auditing their own conscience, judges want everyone else to stay out." http://www.hindustantim...line=Courting+seclusion Ghulam Y Faruki New York, United States
Sep 24, 2007 12:00 AM 12	What a shocking state of affairs. Is a judge above the law? If the judiciary is unable to self-regulate and instead seeks to punish those who seek accoutability, the legislature should step in. It should make laws that regulate conduct on the bench and legislate more clearly circumstances where contempt of court can be used as a sheild or a sword. The news report concerning the Delhi High Court decision is reminscent of the dark days of the Emergency. It is heartening therefore to know that the Supreme Court has agreed to take up the case. Jaipat S. Jain, New York City Jaipat S. Jain New York, United States
Sep 25, 2007 12:00 AM 13	The courts in this country are being run by theives, bigger and more shameless than the ones who sit in the Parliament. The authors of this article are expecting the theives to pronounce a mea culpa. I salute their efforts. Vinayak bangalore, India

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