Two lawyers seek initiation of contempt proceedings against S Gurumurthy for "scandalising speech" on judges; Gurumurthy issues clarification

Certain remarks on judges made by S Gurmurthy, Editor of the Tamil weekly Thuglak, have prompted two lawyers in Tamil Nadu to call for the initiation of criminal contempt proceedings against him. .A petition has been filed in the Madras High Court by Advocate P Pugalenthi, urging the Court to take action on its own motion. Another lawyer, Advocate S Doraisamy, has written to the Advocate General seeking consent under Section 15(1)(b) of the Contempt of Courts Act, 1971 to initiate criminal contempt proceedings against Gurumurthy. .As per Doraiswamy's letter, in a January 14 speech, Gurumurthy had commented that "most of the Judges are dishonest and meritless and obtained the post of the High Court Judge by falling in the legs of politicians.".In this regard, the petition moved by Pugalenthi reads, "The respondent (Gurumurthy) unhesitatingly says during his speech that many of the judges got their appointments by prostrating at the feet of the politicians and therefore they would be sympathetic to the corrupt politicians. Thus the respondent has minced no words in announcing to the whole world that there would not be justice at the hands of the judges who were appointed by the politicians.".Both lawyers assert that the Thuglak Editor's remarks have scandalised the Court and constitutes criminal contempt.."A bare look at the speech of the respondent (Gurumurthy) would reveal his intention to lower the esteem of the judiciary in the minds of the public", reads Pugalendhi's petition..Doraiswamy's letter states that these dishonest remarks would undermine confidence in the administration of justice, bring the High Court into disrepute and disrespect and have the effect of "lowering the honesty of the High Court judges and interfering with the administration of justice.".Doraiswamy adds that while the police recently arrested former High Court judge, Justice CS Karnan for certain remarks against the judiciary, the Government of Tamil Nadu is reluctant to take action against Gurumurthy "since he happened to be a strong man in BJP.".It is also pointed out that Gurumurthy had drawn contempt proceedings from the Delhi High Court for his remarks against Justice S Muralidhar (now Chief Justice of the Orissa High Court) after the judge ordered the release of activist Gautam Navlakha in the Bhima Koregaon case. In that case, Gurumurthy was eventually let off after he unconditionally apologised for his remarks..“You can’t throw ink and then walk away”, Delhi HC affords opportunity to Gurumurthy to apologize.As such, Doraiswamy terms Gurumurthy as a habitual offender while urging that he should not be let off for his recent remarks by simply accepting an unconditional apology. The letter states,"It seems the contemnor S.Gurumurthy thinks that he can make any kind of defamatory speech against the High Court Judges and if any contempt proceedings is initiated he can be let off by making an unconditional apology. Since the contemnor made the above speech which was a written speech with planned intention to defame the Hon’ble Judges knowing full well that the defamatory statement made by him is not correct and hence he is liable to be punished for maximum punishment of imprisonment for a period of six months with fine.".As such, he has now sought Advocate General Vijay Narayan's consent to initiate criminal contempt proceedings against Gurumurthy. On the other hand, Advocate Pugalendhi urges for the Madras High Court to take cognisance of the matter on its own since the controversial remarks were made against the judiciary as a whole..In the meanwhile, Gurumurthy has already expressed regret over his comments and explained that they were made erroneously and in the heat of the moment.“In the course of my response, my intent was to say how some candidates for the judges -- for even the highest courts -- go and beseech politicians for support. But, in the spur and heat of the moment, I mentioned judges instead of candidates. It is an error. For which, I regret", The New Indian Express has reported. .He also tweeted the following: ."Responding to a reader in open forum at Thuglak magazine annual meeting held on 14.1.21 on delay in punishing the corrupt, talking about politicisation of judiciary, in spur of moment, for 'applicants for judges' I erroneously said 'judges' which I regret. My statement explains."