Go to one corner of court and sit down for the whole day Supreme Court orders ex-acting CBI director for contempt

NEW DELHI: In a punishment reminiscent of a classroom rebuke, the Supreme Court Tuesday ordered the former acting CBI Director M Nageswara Rao and agency’s legal advisor S Bhasuram to sit in the courtroom the whole day after holding them guilty of “brazen” contempt of its orders.nn”Go to one corner of the court and sit down till the rising of this court,” thundered Chief Justice of India Ranjan Gogoi, awarding the sentence to “maintain” the dignity and majesty of the court.nnSparing the two of a possible jail term, the apex court also threatened to extend the duration of the sentence till the rising of the court Wednesday when Attorney General K K Venugopal made a request at 3.40 pm–just 20 minutes ahead of scheduled closure of court proceedings– that the two officers be allowed to leave.nnThe court earlier in the day gave an option to Rao and Bhasuram to say something as the sentence for them could be 30 days in jail. “Do you have to say something?” it asked.nVenugopal repeatedly requested the court to look into other options as per the law and sought leniency for them.nnThe court had earlier directed Rao and Bhasuram to remain seated till the rising of the court and imposed a fine of Rs 1 lakh each to be paid within one week for transferring an officer who was probing the Bihar shelter homes sexual assault cases. “We could not have done anything else,” it observed.nn”In our considered view, it is a case where contempt has been committed by both–the then acting CBI Director, M N Rao, and the director prosecution (of the agency)” said the court holding them guilty for “wilfully disobeying” its orders by transferring CBI Joint Director A K Sharma as additional director general of CRPF on January 18.nn”We have heard Rao and Bhasuram for commission of contempt of court and we impose one lakh fine and sentence them till the rising of the court,” said the three-member bench, also comprising justices L N Rao and Sanjiv Khanna.nnA pensive looking Rao and Bhasuram, who on Monday had tendered unconditional and unqualified apologies for their roles in the transfer of Sharma, remained in the CJI’s courtroom till 4 pm, the end of the normal working hours of the judicial side of the apex court. They also remained seated during the one-hour lunch break.nnThe two reached the courtroom before the start of court proceedings at 10.30 AM and sat in the visitors gallery but went near the dais after the lawyers asked them to come forward when the hearing of the contempt case came up.nnMinutes after they were pronounced guilty, the two officers, clad in blue suits, quickly returned to the visitors’ gallery to take their seats.nnThe court responded furiously when Venugopal sought its permission to allow the officers to leave the courtroom.nn”What’s this? Do you want us to sentence him till the rising of the court tomorrow? Go and sit where you were,” the CJI said.nnBefore passing the order at around 11.40 am in the pre-lunch session, the bench told Rao and Bhasuram they have been held guilty of contempt of court and it was not accepting their unconditional and unqualified apologies.nnAt the outset, the Attorney General, appearing for the CBI and its officer, referred to the noting on the file related to the transfer of Sharma and said that it was a case of “error of judgement” on Rao’s part as he had acted on the “incorrect legal advise”.nn”It is not wilful. Facts are little muddled… Rao has put himself to the mercy of this court,” Venugopal said and sought leniency from the bench.nn”Let us see the sequence of events. From the note of the Acting (CBI) Director, this much is obvious that he knew that there was an order of the Supreme Court (against the transfer of the CBI officer). He also seeks the opinion of the legal advisor,” the bench said.nnLater, Rao approved the relieving order of the CBI officer without “satisfying” himself whether the sanction of the court has been secured or not and “if this is not the contempt then what is contempt,” the bench said, adding “the axe falls on the Supreme Court orders”.nn”He is the Acting Director of the CBI…Would the heavens have fallen if the relieving orders were passed after taking the Supreme Court into confidence,” a furious CJI remarked.nnThe CJI told the Attorney General “Let us be very clear that I don’t think any of us have as judges had the opportunity to invoke the jurisdiction of the contempt”.nn”We are and I can say I have not invoked the contempt powers and punished anyone. Speaking for myself I can say I have not invoked contempt power in the last 20 years. However, the dignity and majesty of the court has to be maintained,” the CJI said.nn”But this is brazen”, the CJI said, adding that he was of the “firm view” that “the majesty of judiciary” has to be maintained.nnAt this moment, the Attorney General said “To err is human, to forgive is divine.”nnThe bench said the officers have committed the contempt and asked, “Why should a contemnor be defended at government expenses?”nnDealing with Rao’s approval to the transfer Sharma, the bench made clear at the outset that Rao can be held guilty of contempt as he did not bother to check while signing the relieving order of Sharma.nnNot only that Rao did not even seek “post facto” approval of the apex court to the decision for two weeks,” it said.nnRejecting the defence of the two officers, the bench said though they have tendered an unconditional and unqualified apology, “we don’t agree with the contentions raised by them”.nnThe bench said that Rao was aware of the apex court direction that the CBI officer probing the shelter home sexual assault cases cannot be transferred without its consent.nnHowever, his “attitude is ‘I have done what I thought was required’,” the bench said.n”This is a blatant contempt of court. If this is not contempt of court then what is,” asked the bench.nnThe court had on February 7 come down heavily on the CBI for transferring Sharma out of the agency in violation of the court’s order.nnIt had also taken note of the violation of two earlier orders and issued contempt notice to Rao.nnSource: Press Trust of India