Case Title: Shiv Charan Gupta Advocate vs. Mr. Ashok Gahlot
Date of Decision: 02 September, 2023
D.B. Civil Writ Petition No. 13788/2023
Presiding Judge: Hon’ble JUSTICE ASHUTOSH KUMAR
Intro:
In a significant development, the Rajasthan High Court has issued a notice to the State’s Chief Minister, Ashok Gehlot, in response to a Public Interest Litigation (PIL) petition seeking suo motu contempt proceedings against him. The PIL alleges that Gehlot’s remarks regarding “rampant corruption in the Judiciary” amounted to scandalizing and lowering the image of the State Judiciary. The court, in its observation, noted that the statements attributed to the Chief Minister appeared to generalize concerns about the judiciary without specifying particular cases or categories of cases.
Facts:
The PIL was filed by Shiv Charan Gupta, a Supreme Court advocate and former judicial officer.Gupta’s petition asserted that Chief Minister Ashok Gehlot’s comments regarding corruption within the judiciary were detrimental to the image of the State Judiciary. Gehlot’s remarks, made during a media interaction on August 30, alleged that widespread corruption existed within the judiciary, suggesting that some lawyers would write judgments and have them pronounced as official judgments.
In his plea before the court, Gupta highlighted that the Rajasthan High Court Rules, 1952, did not contain specific provisions for the procedure or manner in which suo motu cognizance could be taken. Therefore, the petition was filed to bring the reported statements attributed to Chief Minister Gehlot to the court’s attention.
In response to the PIL, the bench comprising Justice Manindra Mohan Shrivastava and Justice Ashutosh Kumar issued a notice to Chief Minister Ashok Gehlot. The notice sought his response within three weeks regarding the alleged remarks that scandalized the judiciary. The court subsequently scheduled the matter for further consideration on October 3, 2023.
Judgment:
The Rajasthan High Court, in its initial observation, noted that Chief Minister Ashok Gehlot’s statements, as reported, appeared to make a generalized accusation of corruption within the judiciary without specifying any particular cases or categories of cases. The court observed that such statements, if made by the respondent (Gehlot), prima facie suggested an attempt to scandalize the courts.
The court’s decision to issue a notice to the Chief Minister was based on the belief that the alleged statements could lower the image of the State Judiciary as a whole. As a result, the court sought Gehlot’s response to the PIL within three weeks, setting a subsequent date for further proceedings on October 3, 2023.
This legal development underscores the importance of maintaining the dignity and reputation of the judiciary and the need to address concerns related to the judiciary through appropriate channels and legal processes rather than making generalized allegations in public statements. The matter will now proceed for a more detailed examination in the court’s upcoming proceedings.
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Written by Yagya Agarwal
