HC division bench can't take up sup moto contempt plea H Raja tells CJ

HC division bench can’t take up sup moto contempt plea: H Raja tells CJ

The legal counsel of BJP national secretary H Raja has argued that the two-judge bench of the Madras High Court that initiated contempt proceedings against him has no authority to do so.

Raja submitted before the Chief Justice of the Madras High Court that a division bench of the court had no locus standi to suo moto initiate contempt proceedings against him.

Making a special mention before the First Bench comprising Chief Justice V K Thahil ramani and Justice M Duraiswamy, advocate K S Dinakaran appearing for the BJP leader referred to several judgements and said only the Chief Justice could decide whether to initiate suo motu proceedings or not.

Recently, taking a serious view on the ‘derogatory’ statements made by Raja against the judiciary and police during an argument with the police during a Vinayaka Chathurthi procession in Pudukkottai district, a division bench of Justice C T Selvam and Justice M Nirmalkumar took up the case suo motu 18 September and mandated the BJP leader’s appearance before the court in four weeks.

Meanwhile, five months after Raja made the controversial tweet in which he insinuated that DMK MP Kanimozhi was an ‘illegitimate child’, the Karumathampatti police in Coimbatore booked him on defamatory charges.

He has been booked under Sections 500 (Punishment for defamation) and 501 (Printing or engraving matter known to be defamatory) of the IPC.