Close on the heels of the notice from the Election Commission last week, the Supreme Court on Wednesday issued a contempt of court notice to Gujarat chief minister Narendra Modi on a complaint seeking action against him for his campaign speech allegedly justifying Sohrabuddin Sheikh’s fake encounter killing.
Rejecting the state government counsel’s contention that the assembly election process was on in Gujarat and the matter should not be taken up at this stage, the apex court ordered for the notice to be given. ?Let the notice be issued,? a two-judge bench comprising Justice Tarun Chatterjee and Justice Dalbir Bhandari said. ?At this stage, the contemnor need not be present in person,? it added, giving a respite for Modi from an giving immediate appearance in the court.
Terming the state government?s contentions as ?excuses? the counsel for the petitioners _ Sohrabuddin’s brother Rubabuddin Sheikh and lyricist Javed Akhtar said the state was simply giving an excuse. ?It is a case of contempt requiring issuance of a notice,? the counsel argued in the court.
Reacting to the SC notice, BJP said, ?There ought not to have judicial review of a political debate on terrorism?. The party said the speech of Modi was a political debate on the issue of terrorism started by Congress president Sonia
Gandhi with her ?merchant of death? remarks. ?We have high respect for the SC and will duly reply to the notice issued to the CM,? BJP spokesperson Prakash Javdekar said in Ahmedabad.
Additional Solicitor General (ASG), Gopal Subramaniam, who is assisting the court as amicus curiae in the matter and Dushyant Dave had pressed for issuing a notice to Modi. The ASG said the ?CM is accountable to the law and an explanation is called for his remarks?.
?Nobody should have the courage to publicly speak about the case which is sub-judice and to give justification on it,? he said. He added that it is up to the court to decide whether the investigation of the case can be handed over to the CBI. ?The chief minister?s statement was greatest and direct affront to the pending proceedings,? he said. Dave added that the chief minister?s statement amounted to interference with the process of justice.
The petitions filed in the SC demanded two things: first, that a special investigation team to probe all encounters in the state should be constituted and second, that an FIR should be registered against Modi for his ?inflammatory? remarks. The court will also take up a petition filed by an Ahmedabad-based NGO seeking a probe into the alleged role of other leaders, bureaucrats and organisations in the post-Godhra riots.
Last week, Modi blamed his controversial justification of Sohrabuddin Sheikh?s death in a fake encounter on the provocation by Congress President Sonia Gandhi, which he submitted in his response to the EC.
