Two lawyers seek to file contempt case against Kapil Sibal amid judiciary remark row

Updated on Aug 08, 2022 08:08 PM IST

In comments that have incited criticism from several quarters, Sibal said he has “no hope” left in the Supreme Court while expressing his displeasure over some of the judgements passed by the institution.

Senior advocate Kapil Sibal (File Photo)
Senior advocate Kapil Sibal (File Photo)
Written by Shubhangi Gupta | Edited by Sohini Goswami, New Delhi

Two lawyers on Monday filed a request letter with the attorney general of India against Rajya Sabha member and senior advocate Kapil Sibal for his comments against the judiciary.

In comments that have incited criticism from several quarters, Sibal said he has “no hope” left in the Supreme Court while expressing his displeasure over some of the judgements passed by the institution. The All India Bar Association (AIBA) and the Bar Council of India have also slammed Sibal's statement.

The two lawyers – Vineet Jindal and Shashank Shekhar Jha – have filed the request letter to the attorney general of India for his consent to proceed with criminal contempt of court against the former Congress leader for allegedly "scandalising the Indian judiciary and disgracing its dignity”.

In his remarks made at an event in Delhi on Saturday, Sibal had said, “If you think you will get relief from the Supreme Court, you are hugely mistaken. And I am saying this after completing 50 years of practising in the Supreme Court.”

Even if a landmark judgement is passed by the apex court, it hardly ever changes the ground reality, he had added.

"This year I will complete 50 years of practising in the Supreme Court and after 50 years I feel I have no hopes from the institution. You talk about progressive judgements delivered by the Supreme Court but there is a huge difference in what happens at the ground level. The Supreme Court gave judgement on privacy and ED officers come to your home... Where is your privacy?" Sibal had said.

AIBA chairman Adish C Aggarwala said courts decide cases by applying the law to the facts presented by cases before them, adding they owe allegiance only to the Constitution.

“Criminal cases which were instituted by the then governments as a political witch-hunt, where detailed investigations have been carried out but failed to disclose any evidence, had to be given a burial and if that has happened, no fault can be found with the judicial system. Courts are not to deliver judgements hanging people just to assuage the feelings of a certain community,” he added.

The Bar Council of India also slammed Sibal over his remarks against the Supreme Court and judiciary. Talking to ANI, senior advocate and BCI chairman Manan Kumar Mishra said, "It is very unfortunate that Kapil Sibal has passed such a remark. He is a stalwart in the legal field and also a former Law Minister of the country. Losing two-three important cases doesn't mean one has the right to target the judiciary. Judiciary is a free and independent institution. It should not be attacked."

"If you are taking weak cases and later lose them in Court of law, you can't blame judges and judiciary," Mishra added.

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