New Delhi: Attorney General K.K. Venugopal has refused to give consent to a request to initiate criminal contempt proceedings against actor Swara Bhasker, stating that her remarks about the Ram Janmabhoomi judgement by Supreme Court were “not an attack on the institution”.
The petition had been filed by one Usha Shetty, supported by a group of lawyers. One of the lawyers involved is is Mehak Maheswari, who is also a petitioner in the complaint against Prashant Bhushan.
The lawyers of the petitioners had approached Venugopal, as consent of either Attorney General or Solicitor General is required under Section 15 of the Contempt of Courts Act, 1971, to initiate proceedings against a person
The petitioners claimed Bhasker scandalised the court while addressing a gathering called ‘Artists Against Communalism’ during the peak of anti-Citizenship Amendment Act protests in Mumbai in February 2020.
They cited two paragraphs, the first of which quoted Bhaskar as having stated, “We are living in a country where the SC states in a judgement demolition of Babri Masjid was unlawful, and in the same judgement rewards the same people who brought down the mosque”.
Also read: After Bhushan, Pro-BJP Activists Move to Target Swara Bhasker With Contempt Petition
“…We are now in a situation where our courts are not sure whether they believe in the constitution or not,” she continued.
Referring to the first part of Bhaskar’s statement, Venugopal stated that her remarks were factual.
“This does to offer any comment on the Supreme Court itself or say anything that would scandalise or tend to scandalise, or lower or tend to lower the authority of the Court. In my opinion, this statement does not constitute criminal contempt,” Venugopal said in his letter dated August 21 to one of the petitioners’ lawyer, Anuj Saxena.
The second statement is a “vague statement not related to any particular Court and something which is so general that no one would take any serious note of this statement”, observed Venugopal.
He added that this was not a case where the offence of scandalising the apex court or lowering of authority of the Court would arise.
“I do not think that this is a case where the offence of scandalising the court or lowering the authority of the court would arise. I, therefore, decline consent to initiate contempt proceedings against Swara Bhaskar,” Venugopal told the petitioner’s lawyer, as reported by PTI.
The lawyers have decided to approach Solicitor General Tushar Mehta for his consent.