Delhi HC issues contempt notice to AAP leader Gopal Rai, journalist

NEW DELHI: The Delhi High Court on Friday issued notices to Aam Aadmi Party (AAP) leader Gopal Rai and investigative journalist Saurav Das in a criminal contempt petition alleging circulation of scandalous and contemptuous social media content against Justice Swarana Kanta Sharma in connection with the excise policy case.

The petition, filed by Ashok Chaitanya under Section 15(1)(c) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution, had also sought initiation of contempt proceedings against AAP national convenor and former Chief Minister Arvind Kejriwal and party leader Saurabh Bharadwaj.

However, a Bench of Justices Navin Chawla and Ravinder Dudeja observed that Kejriwal and Bharadwaj had already been issued notices in the suo motu criminal contempt proceedings initiated earlier by the Delhi High Court.

It directed that the two matters be heard together and listed them for the next hearing on August 4.

The Delhi High Court directed the newly impleaded proposed contemnors to file their replies before the next date of listing and ordered the Registry to preserve the social media material relied upon in the latest petition.

It further directed that Kejriwal, Bharadwaj, and senior advocate Rajdipa Behura -- the amicus curiae appointed to assist the court -- be provided with copies of the petition and supporting material. “We also appoint Ms. Rajdipa Behura, Senior Advocate, as Amicus Curiae to assist the Court in this case. A copy of the paperbook be supplied to the learned Amicus Curiae by the Registry of this Court,” the order stated.

The petition stated that after the trial court discharged Kejriwal and other accused persons in the alleged excise policy corruption case, the CBI moved a criminal revision petition before the Delhi High Court, which came to be listed before Justice Swarana Kanta Sharma.

As per the petitioner, attempts were subsequently made seeking the transfer of the matter and recusal of Justice Sharma from hearing the case. The petition alleged that while the recusal application was pending, the respondents carried out a “concerted and orchestrated campaign” on social media platform X, publishing and amplifying posts containing “serious, unfounded, and scandalous allegations” against the judge.

It further claimed that the impugned posts attempted to portray the judge as biased and raised allegations of conflict of interest and impropriety based on purported professional engagements of her family members.

Earlier, on Tuesday, the Delhi High Court had issued notices to Kejriwal, former Deputy Chief Minister Manish Sisodia, Rajya Sabha member Sanjay Singh and other AAP leaders in suo motu criminal contempt proceedings initiated over alleged attempts to scandalise the judiciary in connection with the excise policy case.

In its order, a Division Bench of Justices Navin Chawla and Ravinder Dudeja recorded that the contempt proceedings had been initiated based on an earlier order passed on May 14, in which Justice Swarana Kanta Sharma had taken exception to material allegedly circulated against the judiciary in a “derogatory” manner.