The Gujarat High Court Friday reserved its order on a petition seeking contempt of court proceedings against Leader of Opposition in the Rajya Sabha and senior BJP leader Arun Jaitley for writing a blog on his website in which he criticised CBI for its investigation in the 2004 Ishrat Jahan encounter case.
The petition was moved by Gopinath Pillai,father of Javed Shaikh alias Pranesh Pillai who was killed in the police encounter with three others.
Gopinath had alleged that the article was nothing but interference in the administration of justice and that it was because of this article that the CBI filed an incomplete chargesheet in the case as despite glaring evidence against an IB officer,who was not named as an accused in it.
In his blog titled Should CBI uncover the IB,Jaitley had accused CBI of working as a tool in the hands of central government.
Pillais lawyer Mukul Sinha argued before a division bench of High Court comprising Justices Jayant Patel and Abhilasha Kumari that the article was contemptuous as it ridiculed the agency in which HC had reposed trust to investigate the case.
Speaking on behalf of the bench,Justice Patel observed there was no law under which an investigation could not be commented upon. He then asked Sinha to explain as to how the article would be interference in the administration of justice.
Sinha cited certain Supreme Court judgments to support his argument.
He indicated that BJP was trying to stop CBI from investigating IB in the Ishrat case.
Sinha also demanded that people be asked to maintain restraint while commenting on a premier institution of the country. We dont seek any prohibitory order,but one should be asked to restrain, Sinha said.