Advocate General of Tamil Nadu Government has given his consent to initiate contempt of court proceedings against Rajya Sabha DMK MP R.S. Bharathi for his derogatory remarks against Dalit judges of the court.
In his submission, Advocate General Vijay Narayan stated that those interested in maintaining high standards of fearless, impartial and unbending justice should have to stand up to any scheme and design which has the tendency to damage the confidence in the judicial system and demoralizes the judges of the highest courts through malicious attacks. He also stated that if such attacks are not dealt with appropriately, it may affect the national honour and prestige.
“Fearless and impartial courts of justice are the bulwark of a healthy democracy and the confidence in them cannot be permitted to be impaired by malicious attacks upon them.”, the Advocate General stated.
Citing Justice Krishna Iyer’s remarks in the Re: S. Mulgaokar case, he said “if the Court considers the attack on judge or judges scurrilous, offensive, intimidatory or malicious beyond condonable limits, the strong arm of the law must in the name of public interest and public justice strike a blow on him who challenges the supremacy of rule of law by fouling its source and stream.”
Stating that prima facie the words uttered by R.S. Bharathi scandalizes the court, the Advocate General gave his consent to proceed with contempt of court proceedings against the DMK MP.
The case pertains to the derogatory remarks made by R.S. Bharathi about Dalit judges. Speaking at an event in the DMK youth wing headquarters, in February last year, the DMK MP had said it was due to the alms (picchai) given by the Dravidian Movement that persons from SC community became judges.
He said “If Tamil Nadu remains the best state, it is because of the Dravidian movement. No Harijan has become a judge of the High Court in Madhya Pradesh. After Karunanidhi became Chief Minister A Varadarajan was appointed as HC judge. Seven or eight others from Adi Dravidar community went on to become judges after that. It is the alms (picchai) given by the Dravidian Movement”.
This had led to an uproar with demands for the DMK MP’s arrest under the SC/ST Prevention of Atrocities Act.
The Madras High Court in June told DMK’s Rajya Sabha MP and Organizing Secretary RS Bharathi that he should make responsible statements considering befitting of the position he holds. The court made the observation while reserving orders on the plea moved by CCB challenging RS Bharathi’s bail order granted by a subordinated court.