T.Ashok Surana Faces Imprisonment for Scandalizing the Court, Ordered to Tender Unconditional Apology
In a significant move, the Madras High Court has adjudicated a suo motu contempt petition against T.Ashok Surana, who has been found guilty of making derogatory and scandalous allegations against the court and its judges. The Division Bench, led by Justices P. Velmurugan and M. Jothiraman, has provided Surana a final opportunity to file an affidavit of unconditional apology to purge the contempt charges against him.
The proceedings began when Surana, appearing as a party-in-person, made grave allegations of genocide and crimes against humanity against Judge P.N. Prakash, among others. This led to the initiation of contempt proceedings under Sections 2(c)(i) and 2(c)(ii) of the Contempt of Courts Act, 1971. The court noted that his actions scandalized the judiciary and interfered with judicial processes.
The court initially took note of Surana's conduct in a writ petition filed in 2017, which was dismissed in 2019 due to the scandalous nature of his submissions. His continued defiance and recurrence of similar allegations were seen as a persistent attempt to undermine the judiciary.
Despite being cautioned on multiple occasions, Surana continued with his accusations, showing no remorse or intention to retract his statements. The Bench emphasized the principle of 'nemo judex in causa sua' to ensure impartiality, leading to the case being referred to a different bench due to the involvement of a judge implicated in Surana's allegations.
In light of his conduct, the court framed charges against him and has warned of a possible one-month imprisonment if he fails to tender an unconditional apology. The court has set a deadline for Surana to submit the affidavit, emphasizing that the apology must be genuine and include an undertaking to refrain from making further allegations.
Surana's persistent use of intemperate language and unfounded allegations were deemed by the court as not only contemptuous but also as an interference with the administration of justice. The court's decision highlights the judiciary's resolve to uphold its dignity and integrity while offering a final chance for Surana to express regret.
Bottom Line:
Contempt of Court - Repeated making of derogatory and scandalous allegations against the court and judges, including allegations of genocide and crimes against humanity - Conduct amounts to scandalising the court and interfering with judicial proceedings - Opportunity granted to purge contempt by filing an affidavit of unconditional apology.
Statutory provision(s): Contempt of Courts Act, 1971 Sections 2(c)(i), 2(c)(ii), 12
High Court of Madras v. T.Ashok Surana, (Madras)(DB) : Law Finder Doc id # 2851648
