The Supreme Court Wednesday took suo motu cognizance of a Gwalior-based advocate throwing ink at Sahara chief Subrata Roy when he was being taken to the court Tuesday in pursuance of its Feb 26 order.
The apex court constitution bench, headed by Justice R.N. Lodha, issued notice to advocate Manoj Kumar as to why contempt of court proceedings should not be initiated against him.
Issuing the notice as to why he should not be punished under section 12 of the Contempt of Court Act, 1971, the court said the incident "prima facie discloses the obstruction in the administration of justice which amounts to contempt of court under section 2C of the Contempt of Court Act, 1971".
The court said the matter will not be treated by the constitution bench but posted before the regular bench. The court directed the listing of the matter for March 24.
Before issuing the notice, the court noted the submission by Attorney General G.E. Vahanvati that advocate Kumar's act was "very serious and action needed to be taken under the Contempt of Court Act".
The court said the position taken by Vahanvati was endorsed by counsel for SEBI Arvind Dattar and counsel Rajiv Dhawan for the directors of Sahara companies SIRECL and SHICL.
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Earlier, Vahanvati told the court that advocate Manoj Kumar was the same person who had thrown a shoe at former union minister Suresh Kalmadi and who had produced a death certificate of an eminent leader to highlight the extent of corruption in India.
Vahanvati told the court that the man can't be said to be mentally sick.
The court noted that while Subrata Roy was being brought to the court in pursuance to its Feb 26 order, advocate Manoj Kumar positioned himself at the door from where Roy was to proceed to the court and then threw ink at him.