A seemingly reluctant Supreme Court on Friday took onboard a plea to probe the Patiala House courts complex violence on February 15 and 17 and to initiate contempt of Supreme Court action against three lawyers shown in a TV sting bragging about bashing up beaten up JNUSU President Kanhaiya Kumar and others.
A bench of Justices J. Chelameswar and A.M. Sapre initially asked advocate Prashant Bhushan, appearing for senior lawyer Kamini Jaiswal, who it should take up this separate petition when it is already seized of JNU alumni N.D. Jayaprakash's petition against the February 15 violence and had passed orders. The Jayaprakash petition is scheduled on March 10.
"What is the harm in hearing this petition too? The earlier petition (ND Jayaprakash) was filed on February 16 and is only concerned with the February 15 violence at Patiala House court. This one is comprehensive. Violence happened on February 17 despite your orders. That is gross contempy. There is an NHRC report. Please take up this matter," advocate Prashant Bhushan submitted.
To this, Justice Chelameswar laughingly replied, "I'll tell you what the harm is... the simple harm is it will add to the docket of the Supreme Court".
Objections were raised during the hearing by several lawyers against Mr. Bhushan appearing in the contempt petit ion, saying he himself has a contempt notice for "insulting" former judges of the Supreme Court. The Bench said it would not hear them unless they formally apply for intervention in the case.
Noting that repeated incidents of violence in the court complex has caused "international alarm" even as the police commissioner termed it a "minor scuffle".
The petition by Ms. Jaiswal has arraigned the Ministry of Home Affairs, the Delhi Police and the three lawyers who allegedly instigated the mob into violence against Mr. Kumar, his defence lawyers, journalists, JNU staffers and students who were present in court on those two days.
The court had on Tuesday agreed to consider such a plea after Mr. Bhushan informed the court about the TV sting and what the lawyers have been captured allegedly saying on camera.
The plea, has sought "suo moto contempt proceeding" against lawyers Vikram Singh Chauhan, Yashpal Singh and Om Sharma as they interfered with the “administration of justice" and willfully violated the orders passed by the apex court on February 17.
The plea has also referred to the report of the National Human Rights Commission on the violence.
