AG Venugopal recuses himself from request for contempt proceedings against Justice Katju

March 30, 2021

Attorney General of India K.K. Venugopal on Tuesday recused himself from permitting the initiation of contempt of court proceedings against former Supreme Court judge Justice Markandey Katju for making alleged contemptuous remarks in the Nirav Modi extradition case.

The AG said that he has known Justice Katju for the last 16 years, it may not be appropriate for him to take any action in this matter. He asked the petitioner, Supreme Court lawyer Alakh Alok Srivastava, to place the request before Solicitor General Tushar Mehta. As per the Section 15 of the Contempt of Courts Act and Rule 3 of Rules to Regulate Proceedings for Contempt of Supreme Court, the consent of Attorney General or Solicitor General is required before the Apex Court can hear a criminal contempt petition filed by a private individual.

Srivastava had to Venugopal on March 1, 2021, in which he alleged that Justice Katju had made extremely contemptuous remarks against the Indian judiciary in the Nirav Modi extradition case. In his letter, Srivastava had written to the AG that Justice Katju has scandalized the Supreme Court by saying that the institution has practically surrendered before the Indian government and has become politicized.

In the letter, he alleged that such contemptuous statements has lowered the authority of the Supreme Court before a Court of UK and has brought disrepute to administration of justice in India. Srivastava said these statements are capable of undermining the dignity and authority of the Chief Justice of India.

Srivastava had also cited the observations made by the UK court against Katju in connection with the case. The retired judge had deposed as a witness before the UK court for Nirav Modi in the multi-crore PNB scam in September 2020. Justice Katju had testified that the fugitive jeweller would not receive a fair trial in India since Indian judiciary is not independent.

On February 25, while clearing Nirav Modi’s extradition to India, the District Judge at Westminster Magistrates’ Court, Sam Gooze, had observed that Katju had hallmarks of an outspoken critic with his own personal agenda.

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