The Delhi High Court on Friday issued notice to journalist Saurav Das and Aam Aadmi Party (AAP) leader Gopal Rai in a criminal contempt petition alleging that they participated in a coordinated social media campaign against Justice Swarana Kanta Sharma during the pendency of proceedings in the Delhi Excise Policy case.
The Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja directed that the contempt petition be heard together with the suo motu criminal contempt proceedings already pending against several AAP leaders in relation to the same controversy.
The Court, however, did not issue fresh notice to former Delhi Chief Minister Arvind Kejriwal and AAP leader Saurabh Bharadwaj, observing that they had already been served notice in the suo motu contempt proceedings initiated earlier by the High Court.
The Bench also appointed Senior Advocate Rajdipa Behura as amicus curiae to assist the Court in the matter.
The contempt petition was filed by Advocate Ashok Chaitanya under Section 15(1)(c) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution, after obtaining consent from the Delhi government’s Additional Standing Counsel (Criminal) Sanjeev Bhandari.
According to the plea, Kejriwal, Bharadwaj, Rai and journalist Saurav Das allegedly carried out a concerted campaign on social media platform X by publishing and amplifying content containing allegations against Justice Sharma while proceedings relating to the Delhi Excise Policy case were pending before the Court.
The petition alleged that the posts attempted to suggest conflict of interest, bias and impropriety on the part of the judge on the basis of claims relating to the professional engagements of her family members. It further contended that the timing and nature of the posts amounted to an attempt to interfere with the administration of justice and lower the authority of the Court.
The petitioner also alleged that several posts and public statements were factually misleading and intended to malign the integrity and impartiality of the judge. Reference was also made to statements allegedly made by Kejriwal indicating that he would boycott proceedings before Justice Sharma.
The controversy arose after Justice Sharma rejected applications filed by Kejriwal and other accused persons in the Delhi Excise Policy case seeking her recusal from hearing the matter. In her April 20 order, the judge observed that attempts were being made to cast aspersions on the judiciary and subsequently initiated suo motu criminal contempt proceedings on May 14 over social media posts and videos circulated against her.
The High Court had earlier issued notice to Kejriwal, Manish Sisodia, Durgesh Pathak and other AAP leaders in the suo motu contempt proceedings. Justice Sharma later transferred the Excise Policy case to another Bench, observing that her continued hearing of the matter could give rise to an apprehension of bias.
The Division Bench has now directed that both contempt matters be heard together and listed the case for further hearing on August 4.
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