AAP leader Saurabh Bharadwaj has urged the CJI to take suo motu contempt action against Delhi CM Rekha Gupta over her alleged “set judge” remark. He claimed the statement attempts to defame the judiciary and weaken public trust in the courts.
Aam Aadmi Party (AAP) Delhi State President Saurabh Bharadwaj on Saturday requested the Chief Justice of India Justice Suryakant to take suo motu cognisance and start criminal contempt proceedings against Delhi Chief Minister Rekha Gupta for allegedly referring to a judge as “set” on a media platform. According to Bharadwaj, such remarks are very serious and can damage the image and independence of the judiciary, especially when made by a person holding a constitutional post like a Chief Minister.
Saurabh Bharadwaj stated that the remarks made by the Chief Minister were not casual but part of a planned attempt to show the judiciary as corrupt and to make people believe that court judgments can be influenced. He said this was a serious issue because public confidence in the judiciary is very important in a democracy, and any statement that weakens that confidence should be taken seriously by the courts.
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While sharing a video on X, Saurabh Bharadwaj said,
“Just two days ago, on a media platform, Delhi Chief Minister Rekha Gupta made an extremely objectionable remark about a lower court judge, saying that judgments are delivered through ‘setting.’ Just a month ago, a three-judge bench of the Supreme Court led by Chief Justice Suryakant had, in a similar matter, taken suo motu cognisance and strongly reprimanded NCERT and the central government.”
He further referred to the recent Supreme Court action regarding the NCERT Class 8 textbook chapter on judiciary, where the Court had taken serious objection to the content related to corruption in the judiciary. Bharadwaj said the Court had treated that issue very seriously and had even summoned senior officials.
Saurabh Bharadwaj continued,
“The issue was that in the Class 8 NCERT book, a chapter titled ‘Role of Judiciary’ had been included, within which a section called ‘Corruption and Judiciary’ had been added, which drew strong displeasure from the Supreme Court.”
He further explained that the Supreme Court had taken suo motu cognisance in that matter, issued notices, and made strong observations about attempts to defame the judiciary.
Saurabh Bharadwaj said that the Supreme Court had itself taken cognisance, summoned the NCERT Director and the Secretary of the central government, and issued notices to them, and he further said,
“The Court had observed that this was a deep, well-planned conspiracy against the judiciary, intended to defame it. The Court had said that it was akin to firing a gun at the judiciary and leaving it bloodied.”
He added that the Supreme Court had treated the matter as one involving defamation of the court and had warned of strict action in such matters.
“It had treated the matter as one amounting to defaming the court. The Court had termed it a careless, irresponsible, and motivated act, for which criminal contempt proceedings were certainly warranted. The Court had even said that it would not accept an apology and would impose punishment. Ultimately, the Court also stated that those who had written this section would never again be assigned work by governments in the future,”
he added.
Saurabh Bharadwaj said that since the present matter involves the Chief Minister of Delhi, who holds a constitutional position, the issue becomes even more serious. He said that when people holding high public office make such statements about judges, it can lower the dignity of the judiciary and affect public trust in the justice system.
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He said,
“Chief Minister Rekha Gupta has engaged in a deliberate conspiracy to portray the judiciary, particularly the lower courts, as corrupt and to normalise such claims.”
He also said that because the matter involves a powerful political office, it may be difficult for an ordinary citizen to approach the court in such a situation. Therefore, he requested the Chief Justice of India to take action on the Court’s own motion to protect the dignity of the judiciary.
He said,
“Therefore, the Chief Justice of India, Justice Suryakant, should take suo motu cognisance and initiate criminal contempt proceedings in this matter. The Court should set a precedent so that no Chief Minister dares to openly call a judge of a CBI special court corrupt in this manner.”
The issue has now raised an important legal question regarding criminal contempt of court and the limits of free speech when it comes to making allegations against judges.
As per Indian law, any statement that scandalises or lowers the authority of the court may amount to criminal contempt under the Contempt of Courts Act, 1971. The Supreme Court and High Courts have the power to take suo motu cognisance in such matters to protect the dignity and authority of the judiciary.
Legal experts say that if such statements are proven to be an attempt to scandalise the judiciary or reduce public confidence in courts, contempt proceedings may be initiated. However, courts also balance this with the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution, though this right is subject to reasonable restrictions, including contempt of court.
This matter is likely to raise an important debate on the relationship between the judiciary and political leaders, and how far public criticism of the judiciary is allowed under the law. The Supreme Court may decide whether the remarks amount to criminal contempt and whether such statements by constitutional authorities require strict action to maintain the dignity and independence of the judiciary.
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