Chennai, Dec 15: The Madras High Court on Friday imposed a punishment of 15 days' simple imprisonment on retired IPS officer G Sampath Kumar in a contempt of court case filed by former Indian cricket team captain Mahendra Singh Dhoni.
A division bench comprising Justices S S Sundar and Sunder Mohan found Sampath Kumar guilty of committing criminal contempt.
"However, taking into consideration the credentials of the respondent (Sampath Kumar), as projected by him in his written statement as well in the reply affidavit, this court, showing lenience, restricts the punishment for a period of 15 days."
"Even though a request is not received from the side of the respondent, this court is inclined to exercise its power under section 19 (3) of the Contempt of Courts Act and suspend the execution of punishment imposed on the respondent by this court, for a period of 30 days" (to enable him file an appeal).
In his contempt petition, Dhoni sought to punish Sampath Kumar for the remarks made by him against the judiciary in his written statement filed in response to a Rs 100 crore defamation suit. Dhoni had moved the court in 2014 against the former cop for having named the popular cricketer in the Indian Premier League (IPL) betting scam.
In its order, the bench said Sampath Kumar has consciously made an attempt to scandalise and to lower the authority of this court and the Supreme Court. It was established that an affidavit or any pleading that was presented by a party before the court was an act of publication.
Sampath Kumar, by his specific words, has attacked the judiciary indecently with an intention to scandalise and undermine the dignity and majesty of this court as well as the apex Court, the bench added.
The court said when a general statement was made against it for granting interim order describing the order as an abuse of process of law, it was not a fair comment. Similarly, accusing the Supreme Court that it failed to focus on "Rule of Law" cannot be accepted as a fair expression of grievance of a party to the lis, the bench added.
The bench said Sampath Kumar was a responsible police officer who had the occasion to investigate a crime.
The freedom of speech and expression cannot be extended to undermine the statutory limits as contained in the Contempt of Courts Act. Since maintenance of dignity of courts was one of the cardinal principles of Rule of Law, any publication or a public speech which results in undermining it cannot be permitted, as held by the SC in several precedents, the bench added.
The judges said the Contempt of Courts Act has been enacted to secure public respect and confidence in the judiciary as an institution.
If persons like Sampath Kumar were allowed to shake the confidence of the public in the impartial administration of justice, it should be treated as an attack on the judiciary.
"In the present case, we are convinced that the statements made by respondent in the additional written statement, is with an intention to scandalise this court, to lower its authority, and to destroy the confidence of people in the administration of justice. From the language and the context, this court has no hesitation to hold that the respondent wants to convey a message in the additional written statement that the high court as well as the Supreme Court, while passing orders, either do not follow Rule of Law or pass orders which are nothing but abuse of process of law", the bench added.
It said what was more perturbing or surprising was the conduct of Sampath Kumar after the filing of contempt.
He has filed a reply affidavit in this contempt petition. In that, he has not tendered any apology for the serious allegations he had made against this court and the remarks against the SC that it hears cases without focusing on the Rule of Law.
Though in the opening paragraph, he has stated that he has high regards to the courts of law, institution of justice, and the judges, he has not expressed any remorse or tendered apology in the reply affidavit, the bench pointed out.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
New Delhi (PTI): Karnataka's tableau in the 76th Republic-Day parade here on Sunday depicted the exquisite and artistic temples of the historic city of Lakkundi.
Located in Gadag district of Karnataka, about 70 km from Hubballi, Lakkundi is called the "Cradle of Stone Craft" for its stunning stone architecture.
The front part of the tableau that rolled down Kartavya Path had the Brahma statue from the Brahma Jinalaya temple, the oldest Jain shrine in Lakkundi dedicated to Lord Mahaveera.
It was followed by the open-pillared mantapa of the Brahma Jinalaya temple.
The main section of the tableau had on display the grand and ornate Kashi Vishweshwara temple and Nanneshwara temple dedicated to Lord Shiva.
The temples of Lakkundi reflect the rich cultural heritage of Karnataka and celebrate all faiths and religions. The southern state has always been a "SarvaJanangadaShaanthiya Thota", a quintessential garden of peace.
Lakkundi is home to beautiful temples, stepwells and inscriptions from the Chalukya dynasty.
Besides being a cultural powerhouse, Lakkundi was a large thriving city and a commercial hub between the 10th and 12th century AD.
The city was ruled by several dynasties but the most important of them were the Chalukyas.
Lakkundi is a paradise for antiquarians and architecture enthusiasts. It has 50 temples, most of which are dedicated to Lord Shiva, 101 stepwells and 29 inscriptions.
It is an epitome of the Kalyani Chalukyas' excellence in art, culture and architecture.