Justice B R Gavai today asked the petitioner, advocate Ejaz Naqvi, to move to the bench of Justice Sharad Bobade and Mrudila Bhatkar, since the criminal contempt matters are heard by a division bench.
Advocate Naqvi told PTI that he would file an application on August 6, seeking transfer of the petition to the division bench.
The petition alleged that Raj had referred to a Bombay High Court decision as "partisan".
Lawyer Ejaz Naqvi had earlier moved an application before Advocate General D J Khambata who recently allowed initiation of contempt proceedings against Raj.
Under the Contempt of Court Act, approval of the Advocate General is mandatory to initiate the contempt action.
On February 5, the Bombay High Court had rejected the petition filed by the MNS which sought to hold a political rally at Shivaji Park, in central Mumbai. The court had rejected the petition on the ground that the venue fell under the silence zone.
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Naqvi, in the contempt petition, has alleged that Raj in his speech had referred to the decision of the Bombay High court as "partisan".
"The aforesaid remark scandalises the High Court and tends to lower its authority and dignity. The remark cast an unwarranted aspersion of partiality against the Bombay high court," the petition said.