Madras HC Rejects Plea Against DMK Leader RS Bharathi for Remarks on Justice Venkatesh

Madras HC Rejects Plea Against DMK Leader RS Bharathi for Remarks on Justice Venkatesh

The Madras High Court on Friday dismissed a petition filed by YouTuber Savukku Shankar and a law student, seeking contempt proceedings against DMK leader and lawyer RS Bharathi for his remarks against Justice N Anand Venkatesh.

A division bench of Justices SM Subramaniam and V Sivagnanam emphasized that transparency is fundamental to the judiciary, and judges must be open to public scrutiny. The court noted that Justice Venkatesh himself had expressed a preference not to pursue contempt proceedings against Bharathi.

The petition was submitted after Advocate General R Shunmugasundaram denied consent to initiate contempt action. Shankar had alleged that Bharathi's statements during a press conference on August 24, 2023, maligned the judiciary and attributed improper motives to Justice Venkatesh.

Senior Advocate V Raghavachari, representing Shankar, argued that Bharathi's remarks aimed to discredit the judiciary. However, the division bench maintained that citizens have the right to scrutinize and criticize the conduct of judges.

The court further observed that while Bharathi, as a lawyer and public figure, should have been more restrained in his comments, the lack of consent from the Advocate General meant the petition could only be treated as information on which the court might consider taking suo motu action under Section 15 of the Contempt of Courts Act.

In their affidavit, the petitioners had defended Justice Venkatesh’s decision to initiate suo motu revisions of acquittals and discharges involving both current and former ministers, calling it a bold effort to address the failings of the criminal justice system. They argued that Bharathi's remarks had negatively impacted public trust in the judiciary, warranting strong measures under the Contempt of Courts Act.

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