New Delhi: Senior Supreme court advocate and constitutional expert Fali S Nariman has said that former chief justice Y K Sabharwal must come out and volunteer for an enquiry to clear himself of the charges leveled against him. He also said that in his opinion the Delhi High Court was wrong in charging the four Mid-Day journalists for contempt of court. He was speaking exclusively to Karan Thapar on Devil's Advocate.
Excerpts from the interview.
Fali S Nariman: I was shocked when I read some of these allegations, and therefore it behove a former CJ, in my opinion, to voluntarily say that very well, if a large section of people including two former Chief Justices think that an enquiry is necessary, let an enquiry be held.
Karan Thapar: You are saying two very important things. First you are saying that silence is not an option for Sabharwal.
Fali S Nariman: Silence is not an option for a person as high as the former CJ of the SC with regard to allegations that go to show that he may have erred grievously in deciding a particular case.
Karan Thapar: And secondly you are saying that infact given the position that he's held and given that we are talking about the good name of the judiciary, he should invite an enquiry himself.
Fali S Nariman: Absolutely, absolutely, because this is precisely what I believe should be done and I see no reason, why it can't be done.
Karan Thapar: Given the truth is an accepted defence in a case of contempt of court, was the HC right in deciding that this was a contempt without enquiring into the veracity of the allegations?
Fali S Nariman: No I think the HC was wrong, I think that is why the sentence was stayed by the apex court.
Karan Thapar: The HC went one step further - it argued and I quote - "the publication in the garb of scandalising a retired CJ of India have infact attacked the very institution which according to us is nothing short of contempt". Do you accept that every allegation against a justice, even if its true lowers the image of the judiciary is therefore contempt.
Fali S Nariman: No nothing that is true can be scandalous because the two don't fit into the same sentence.
Karan Thapar: So once again the HC is wrong?
Fali S Nariman: Yes of course in my opinion it is and that’s exactly why the SC prima-facie has stayed the sentence.
Watch the full interview on Devil’s Advocate Sunday 8:30 pm.
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