New Delhi: The Supreme Court on Tuesday held the former interim chief of the CBI M. Nageswara Rao guilty of contempt and sentenced him to confinement in the courtroom till the rising of the court at 4 pm.
A bench of Chief Justice Ranjan Gogoi and Justices L. Nageswara Rao and Sanjeev Khanna also slapped a penalty of Rs 1 lakh on Mr Rao and asked him to deposit the amount within a week.
The bench also held the Additional legal advisor Bhasuran guilty of contempt and awarded him the same punishment.
When the CJI told the Attorney General K.K. Venugopal that “we are inclined to send them to jail for 30 days”, the AG asked the court to show mercy and leniency and to let off them with a fine.
The CJI accepted AG’s submission and imposed '1 lakh penalty on the two officers. After the order was pronounced the CJI told them “You both go and sit in one corner of the court hall till we rise for the day (at 4 pm).”
The officers have been held guilty over transfer of the senior most investigating officer of the Muzaffarpur shelter home sexual abuse cases despite specific orders that Mr Sharma the IPS officer should continue with the probe.
The bench rejected Mr Rao’s submission that it was not an instance of willful disobedience on his part but an error of judgment based on the legal opinion given by Mr Bhasuran.
The AG, appearing for the CBI Director asked the court to accept the unconditional apology tendered by the two officers, as it was a bonafide mistake.
The AG said that the former CBI interim director’s career spanning over 32 years has been clean and free from any controversies.
The CJI asked the AG “why is a contemnor being defended at the government’s cost? It is apparent from the records that the order of this court prohibiting any transfers except with its previous consent was known to him. There was a mention of filing an affidavit before the court in respect of the transfer but nothing of the sort was done. It is incomprehensible how he anyway proceeded to sign the relieving order. If this is not contempt, then what it is? Would the heavens have fallen if the leave of the apex court had been sought first?”
