Sit in a corner till we rise: What SC told Nageshwar Rao, while holding him in contempt
New Delhi, Feb 13: Former interim chief of the CBI, M Nageshwar Rao was held guilty of contempt by the Supreme Court. The court also slapped a penalty of Rs 1 lakh on Rao, while giving him a week to deposit the amount. Along with Rao, the court also held legal advisor S Bhasuram guilty of contempt.
While handing out the sentence, a Bench headed by Chief Justice of India, Ranjan Gogoi said, " you both go and sit in one corner of the court till we rise."
While reliving the verdict, the court said that their apology was not unconditional, though it was stated to be so and they have wilfully disobeyed its orders.
SC holds ex-CBI interim chief Rao in contempt, slaps Rs 1 lakh fine
"The apology tendered, though stated to be unconditional, is not so. There is a submission/contention that the actions were not wilful, with which contention, we are in total disagreement," a bench headed by Chief Justice Ranjan Gogoi said in its order.
The bench also comprising justices L Nageswara Rao and Sanjiv Khanna said it was exercising its power under Article 129 of the Constitution for commission of contempt of court by sentencing them "till the rising of the Court"
It also imposed "a fine of Rs one lakh each on Rao, the then In-Charge Director, CBI and now Additional Director, CBI and Bhasuram S, Additional Legal Advisor and In-Charge Director of Prosecution, CBI to be deposited within a week".
The court noted that Rao was fully aware of its order that A K Sharma, joint director CBI, who was heading the team probing the Muzaffarpur shelter home cases cannot be transferred without the permission of the top court.
The bench said it did not understand nor can appreciate and comprehend how Rao without satisfying himself that the court had been taken into confidence, approve of the draft order relieving Sharma from the CBI and giving additional charge to G K Goswami.
It noted that the charge against them is that they violated October 31, 2018 and November 28, 2018 orders restraining any change in the team investigating the Muzaffarpur shelter home case.
Despite explicit directions of the court that Sharma, Joint Director, CBI will continue to remain the head of the investigating team, he had been transferred out of the CBI and posted as the Additional Director General, Central Reserve Police Force, the court said.
"In addition to the aforesaid two orders of this court, there is an earlier order dated September 18, 2018, to the same effect, when this court was considering the order dated August 29, 2018 passed by the High Court of Patna, requiring a fresh team of investigators to be constituted by the then Special Director of CBI," the court noted.
It said that in pursuance to its February 7 order, Rao and Bhasuram filed their respective affidavits and have apologised and admitted the commission of a mistake.
Former Interim CBI Chief Nageshwar Rao renders unconditional apology to SC
"In the same breath, they have denied wilful disobedience of the orders of this court. Notwithstanding the apology tendered as some kind of defence has been put up, this court has no option but to consider the merits of the defence put up, namely, that there has been no wilful disobedience of the directions of this court," the order said.
The bench, which examined their affidavits and notes furnished to it, said all the documents go to show that on January 18, Department of Personnel and Training (DoPT) had conveyed that the Appointments Committee of the Cabinet had approved the curtailment of tenure of Sharma with immediate effect, and that the Ministry of Home Affairs had conveyed its approval for his appointment to the post of Additional Director General, CRPF.
"Accordingly, a draft relieving order oF Sharma, Joint Director, CBI with effect from the afternoon of January 18 was submitted for approval of the Director, CBI M Nageshwar Rao, the then In-Charge Director, CBI (now Additional Director, CBI) considered the aforesaid note," it noted.
The aforesaid note signed by Rao, dated January 18, would fully show that he was aware of the orders of this court with regard to the continuance of Sharma as the head of the investigating team, it said.
The court noted that Bhasuram expressed an opinion that as the posting of Sharma was to a higher post and, therefore, a promotion, there may not be any legal impediment to relieve the officer.
"We do not agree, as the orders of this court regarding the continuance of A K Sharma were clear and categorical. That apart, Bhasuram in his note had suggested that the process of relieving the officer may be brought to the notice of the Supreme Court by way of an affidavit indicating the facts and circumstances under which the officer 'was' relieved and seek an approval from the Supreme Court.
"We
do
not
understand
how
when
the
file
was
pending
at
the
stage
of
approval
of
the
relieving
order
by
Rao,
Bhasuram
could
have
bona
fide
given
the
opinion
that
the
officer
'was'
relieved,
namely,
how
Bhasuram
could
have
used
the
past-tense
to
a
pending
action
under
consideration,"
the
court
said.
The
bench
noted
the
argument
advanced
by
Attorney
General
K
K
Venugopal
who
called
upon
the
court
to
administer
justice
by
tempering
the
same
with
mercy.
His arguments also centred around the legal advice of Bhasuram which he termed to be an error of judgment.
"It is the contention of Attorney General that as the action of Rao, the then in-charge Director, CBI was on the basis of a legal opinion, there has not been any willful disobedience of the orders of this court,"the bench noted.
However, the court said, "For the reasons elucidated earlier in detail, we cannot agree with what the Attorney General has suggested.
"In our considered view, the present is a case where contempt has been committed, both by Rao and Bhasuram...," the order said.