The Supreme Court on Thursday closed contempt proceedings against BJP MP Manoj Tiwari for breaking the law and accusing the apex court-appointed Delhi Sealing Monitoring Committee of running a “racket”.
The apex court passed the responsibility of punishing Mr. Tiwari to his party. The court asked the BJP to use its “better judgment” and take action against Mr. Tiwari, if advised, for his “misplaced bravado and chest-thumping”.
Extremely pained
This judgment, however, acknowledged that “Manoj Tiwari violated orders of this court and interfered in the administration of justice which amounted to contempt of court”. In a seven-page judgment, Justices Madan B. Lokur and Deepak Gupta said the court is “extremely pained” by the “machismo and brazen manner” of Mr. Tiwari, who broke open into a sealed building in a drive against illegal constructions in Delhi.
When confronted, Mr. Tiwari had accused the court’s monitoring committee of running a “racket of sealing” in alliance with some corrupt officers.
The monitoring committee comprises K.J. Rao, a former advisor to the Election Commissioner, Bhure Lal, chairman of Environment Pollution (Prevention and Control) Authority, and Major General (retd) Som Jhingan. The committee was set up on March 24, 2006 by the apex court. The committee reports directly to the apex court.
In fact, the court notes that the media department of Mr. Tiwari’s party had issued a document about the “frivolous allegations” he levelled against the monitoring committee.
Gave in to mob
The judgment described Mr. Tiwari as a “rebel without a cause” and his comments against the monitoring committee as a “clear indication of how low Shri Manoj Tiwari can stoop and displays his total lack of respect for any rule of law”
It discarded Mr. Tiwari’s defence that he was compelled to break into the sealed building by a mob of 1,500 people. Mr. Tiwari had explained that he was a “popular leader” and was pressured by the mob to break the seal “illegally” put on the building.
“It is disconcerting to note that an elected member of a responsible political party can succumb to pressure from a mob rather than require the mob to follow the rule of law. In such a situation, the elected representative ceases to be a leader and becomes a blind follower. We need not say anything more on this subject but leave it to the better judgment of the political party to take action against Shri Manoj Tiwari, if so advised,” the court said.
It said the situation could be quite devastating if an elected representative listens every time a mob goads him.
“If a mob goads an elected MP to commit a far more serious offence, would it mean that the elected representative would act on the instructions of the mob and commit the offence?” the Supreme Court expressed incredulity at Mr. Tiwari’s explanation.
However, the court chose not to venture any further. It merely recorded that “chest-pumping for misplaced political propaganda has no place in our courts”.
“We only hope, as mentioned above, that better sense prevails and undemocratic tendencies are curbed by the concerned political party,” the Supreme Court observed.
