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SC refuses to close 'chowkidar' matter, Rahul issued contempt notice

  •   Tue, Apr 23 2019 05:03:02 PM

New Delhi, Apr 23 (IANS): The Supreme Court on Tuesday issued a notice of criminal contempt to Congress President Rahul Gandhi while rejecting a plea for closing the matter related to his 'chowkidar chor hai remarks incorrectly attributed to the top court.

The apex court will now hear the matter on April 30 along with the review petitions related to the Rafale fighter deal.

The notice was issued a day after Gandhi expressed regret to the Supreme Court for his comments over which BJP MP Meenakshi Lekhi had moved a contempt petition.

The Congress President had made the controversial comment after the top court on April 10, while agreeing to hear review petitions in the Rafale case, rejected the government contention that classified documents accessed by the media cannot be considered as evidence.

Gandhi had claimed that the Supreme Court had acknowledged that ‘chowkidar chor hai', an euphemism he uses to target Prime Minister Narendra Modi in the context of Rafale deal.

The BJP took objection to this and Lekhi moved a contempt of court petition in the apex court.

While hearing the petition, a three-member bench, headed by Chief Justice Ranjan Gogoi, had taken strong exception to Gandhi's comment, saying he had "incorrectly attributed" the remarks to the top court.

It had sought explanation from Gandhi for the same, which was done on Monday.

Senior advocate Mukul Rohatgi, appearing for Lekhi, said Gandhi's affidavit was just a lip-service and that he has expressed no apology.

He said the Congress President had exhibited a reckless attitude in making such statements.

"He (Gandhi) has said that he did not read the order and that he said it in a euphoric manner," Rohatgi said.

He went on to add, "His (Gandhi's) statement from Amethi to Wayanad is Supreme Court said ‘chowkidar chor hai' and Narendra Modi is the ‘chowkidar' (guard). Is this how a leader of national party treats the Supreme Court?"

Senior advocate Abhishek Manu Singhvi, appearing for Gandhi, requested the court to close the case against the Congress President.

He said the contempt plea by Lekhi was an act of political flogging in the middle of the ongoing elections.

He said the ‘chowkidar chor hai' slogan was against the Prime Minister and his party and that Gandhi had been humble and honest to admit his mistake and expressed regret.

Singhvi, while countering the contempt petition, said no formal notice was issued by the court.

"Should we issue then," the Chief Justice asked in response.

"When you said no formal notice was issued to Rahul Gandhi, we can cure that by issuing notice… You are pointing out that we have forgotten to issue notice... We will issue notice," Justice Gogoi said.

The court turned down the plea for closing the matter and issued a notice of criminal contempt to Gandhi.

Lekhi sought time to file a reply to Gandhi's affidavit against her contempt plea.
  

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Comment on this article

  • SmR, Karkala

    Tue, Apr 23 2019

    First of all Supreme Court judgment on Rafale deal should be recalled. When there is an error in something which goes to the heart of the matter, the judgment can’t be considered the judgment in the eye of law.
    However, the words of the defence ministry officials now seem prophetic in hindsight and perhaps explain why the deal, announced by PM Modi himself in France on April 10, 2015, was eventually struck at the escalated price of 7.87 billion euro for 36 Rafale jets and that too without a sovereign guarantee, which was being insisted upon by the defense ministry officials as well as the Indian Negotiating Team.
    In his last speech in Parliament in the Lok Sabha before the forthcoming elections, the PM said that the Rafale deal was legitimized by the Supreme Court of India. Indeed, it was. Will the Court now recall its judgment?

    The Supreme Court which gave 'Clean chit' government on the basis of the Sealed Envelope should explain to the nation;
    That the clause relating to Sovereign Guarantee has been dropped?
    That the clause relating to Bank Guarantee has been dropped?
    That the requirement that at least the payments should be made into an Escrow Account has been dropped?
    That the clause relating to corruption and undue influence has been dropped?
    That the deal does not have any of the ingredients of a Government-to-Government deal?
    That the Indian Negotiating Team’s position was, and I am quoting the note in his own hand of the Defence Secretary, “seriously” weakened by parallel negotiations that were being conducted by the National Security Advisor and the PMO?
    That these parallel negotiations were in total violation of the procedures prescribed by the Defence Procurement Policy?
    That the clauses relating to offset obligations have been amended with retrospective effect?
    The Chief Justice once revolted about the justice system and now arm twisted in 'Me too' seems to be buckled under pressure and threat of reputation forced to issue contempt notice.
    Jai Hind

    DisAgree [1] Agree [1] Reply Report Abuse

  • Charles D'Mello, Pangala

    Tue, Apr 23 2019

    To prove Rahul's point of view, if supreme court checks the submitted papers by Modi's goverment in Rafale issue is sufficient.

    DisAgree Agree [2] Reply Report Abuse

  • N.M, Mangalore

    Tue, Apr 23 2019

    But Congress's stand is the 'Chowkidaar chor hai'.

    DisAgree [2] Agree [4] Reply Report Abuse

  • sk, Mangalore

    Tue, Apr 23 2019

    Maha Feku caught red handed by SC

    DisAgree [6] Agree [7] Reply Report Abuse

  • ASHOKA PINTO, NEW YORK

    Tue, Apr 23 2019

    But chowkidar chor hai

    DisAgree [1] Agree [1] Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Tue, Apr 23 2019

    Now the burden is on the Hindustan's Apex court to find out/ascertain - Whether Chowkidaar is CHOR or not......, How can one conclude Shriman Rahul Gandhiji is wrong when he is attributing CHOR terminology..., to a person who proclaiming himself that he is a Chowkidar...., The CHOR tag is used based on publicly available documents & information which prima facie suggest the irregularities..., and there is a need for apex court monitored investigation..., without that how can the Apex court come to a pre-mature conclusion..., that too based on fake/selective/fabricated/ fudged/foul/ subverting documents submitted by the govt...., Let the law of the land take its own course ...., There is an institution called CBI..., Apex should not stop the due process of law based on Central Govt's alleged set of foul/fake/fudged documents/submission.....,

    How can on earth a foreign private firm got contract..., without sovereign guarantee...., and got signed jv with a bankrupt company..., having no reputation or credentials..., how can we believe the two private firms come together independently to do business without proper adequate due diligence..., how can a bankrupt ADAG company pre-qualify over ..., govt owned company having rich experience/resource & reputation...., something is wrong..., fishy & smelling foul....,

    So far no court within Hindustan ruled that Chowkidaar Chor nahi hai....!!!!

    Bhakt's on high....!!!! jokers...., even though their pants are down on the floor .., just jumping out of excitement.....!!!! the whole world is laughing at them..., but sorry to see them continue dancing....!!!!

    DisAgree [8] Agree [10] Reply Report Abuse

  • kumara, abu dhabi

    Tue, Apr 23 2019

    until now these people were the law,,, now the law creeps up to them, should be taught a suitable lesson

    DisAgree [2] Agree [12] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Apr 23 2019

    Narendra Modi himself said he is 'Chowkidar' ...

    DisAgree [4] Agree [15] Reply Report Abuse

  • Tausif, Mysore

    Tue, Apr 23 2019

    Does Gogoi "Me Too" has any relation to this case?

    DisAgree [5] Agree [9] Reply Report Abuse

  • JK, Udupi

    Tue, Apr 23 2019

    Put him in jail. He should be taught lesson for making irresponsible statement being president of national party.

    DisAgree [15] Agree [24] Reply Report Abuse

  • Toilet Chowkidar, Mangalore

    Tue, Apr 23 2019

    This is nothing but sidelining from main issue. A desparate attempt by BJP to quash the main Rafale deal issue and highlight other unrelated issue with SC support and SC will oblige with two third majority in three member bench favouring BJP.

    DisAgree [17] Agree [23] Reply Report Abuse

  • R.Bhandarkar, Mangaluru

    Tue, Apr 23 2019

    This fellow will make Congress a Chowki soon.
    " Chowki Congress".
    He will take the party along with him.
    Where ?
    You all know....right ?
    Don't be surprised even if a few top lawyers of the party resign...OK ?

    DisAgree [25] Agree [18] Reply Report Abuse

  • Mohan Prabhu, Mangalore (Kankanady)/Ottawa, Canada

    Tue, Apr 23 2019

    Rahul wanted to get off without consequence to his deplorable slogan which he attributed to the SC. He should be suitably reprimanded by the Court by ordering a public apology in all major Indian newspapers before poll closes.

    DisAgree [16] Agree [19] Reply Report Abuse

  • MeinBhiFenku, Mangalore

    Tue, Apr 23 2019

    YES INDEED, in Indian newspaper NOT Canadian newspaper!!!! Chaddis reached Canada also!!!

    DisAgree [8] Agree [11] Reply Report Abuse

  • flavian dsouza, chik/bengaluru

    Tue, Apr 23 2019

    SC should seriously think of EC role. These EC officlas are manipulating a lot and everywhere there are complaints !!!

    DisAgree [11] Agree [13] Reply Report Abuse

  • anthony, Mangalore

    Tue, Apr 23 2019

    Having expressed regret for the inadvertent use of the court proceedings to link the Chowkidar as Chor, the Supreme Court should have closed the matter.

    It is clear the BJP after having failed in suppressing the opposition with their caged parrots like the CBI, ED, CAG and the Income tax is using the Supreme Court to fight these elections.

    They should realise that the results are a foregone conclusion and these attempts to browbeat will be of no use.

    DisAgree [21] Agree [15] Reply Report Abuse


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