The Hindu : Front Page : Case againt Modi coming up tomorrow

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Tuesday, Dec 11, 2007
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Case againt Modi coming up tomorrow

Legal Correspondent

Heated exchanges between counsel for parties
CBI probe, shifting of trial outside Gujarat demanded

New Delhi: The Supreme Court will hear on Wednesday petitions seeking a direction to initiate contempt proceedings against Gujarat Chief Minister Narendra Modi for his alleged speech justifying the fake encounter killing of Sohrabuddin Sheikh.

A Bench of Justice Tarun Chatterjee and Justice Dalveer Bhandari, after a brief hearing and heated exchanges by counsel, said it was fixing the matter for final hearing on December 12 as it required detailed examination.

“Interference”

Additional Solicitor-General Gopal Subramaniam, amicus curiae, took exception to Mr. Modi’s speech. When the matter was pending before the apex court, “the Chief Minister’s speech is prima facie a complete interference with the process of justice.”

He submitted to the court the English version of the transcript of Mr. Modi’s speech made at Mangrol on December 4 and said what he spoke was opposite to what the State government’s special counsel K.T.S. Tulsi submitted before this court.

Senior counsel Dushyant Dave, appearing for Soharabuddin’s brother Rubabuddin Sheikh, said the Chief Minister’s statement was a “gross contempt of court” and “affront to humanity and the Supreme Court. How can he [Mr. Modi] justify to the people the fake encounter when the matter was pending?” He alleged that Mr. Modi’s statement amounted to a mockery of this court when the trial was under way as it would place the prosecutors in an uncomfortable position.

“Reports unverified”

Senior counsel Arun Jaitley and Mukul Rohatgi, appearing for Mr. Modi and Gujarat, strongly opposed their submissions. Mr. Jaitley said “the entire issue is based on unverified media reports. The matter can be taken up in January when tempers cool down.”

He took exception to Mr. Dave’s submissions and said “there must be judicial discipline. If he wants to give an election speech he should go to Gujarat. Lot of things which are said elsewhere are said here.” Mr. Dave countered Mr. Jaitley saying “you need not teach me judicial discipline.”

Counsel Prashant Bhushan, appearing for lyricist Javed Akhtar, who had sought registration of an FIR against Mr. Modi for his alleged inflammatory speech, said the Chief Minister was giving practically a misleading statement and attempting to polarise voters of the two communities.

The petitioners demanded a fresh probe by the CBI and shifting of the trial of the Sohrabuddin case outside Gujarat.

The Bench brought the tempers down by adjourning the hearing to Wednesday.

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