In a punishment reminiscent of a classroom rebuke, the Supreme Court Tuesday ordered the former acting CBI Director M Nageswara Rao and agency's legal advisor S Bhasuram to sit in the courtroom the whole day after holding them guilty of "brazen" contempt of its orders.
"Go to one corner of the court and sit down till the rising of this court," thundered Chief Justice of India Ranjan Gogoi, awarding the sentence to "maintain" the dignity and majesty of the court.
Sparing the two of a possible jail term, the apex court also threatened to extend the duration of the sentence till the rising of the court Wednesday when Attorney General K K Venugopal made a request at 3.40 pm--just 20 minutes ahead of scheduled closure of court proceedings-- that the two officers be allowed to leave.
The court earlier in the day gave an option to Rao and Bhasuram to say something as the sentence for them could be 30 days in jail. "Do you have to say something?" it asked.
Venugopal repeatedly requested the court to look into other options as per the law and sought leniency for them.
The court had earlier directed Rao and Bhasuram to remain seated till the rising of the court and imposed a fine of Rs 1 lakh each to be paid within one week for transferring an officer who was probing the Bihar shelter homes sexual assault cases. "We could not have done anything else," it observed.
"In our considered view, it is a case where contempt has been committed by both--the then acting CBI Director, M N Rao, and the director prosecution (of the agency)" said the court holding them guilty for "wilfully disobeying" its orders by transferring CBI Joint Director A K Sharma as additional director general of CRPF on January 18.
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"We have heard Rao and Bhasuram for commission of contempt of court and we impose one lakh fine and sentence them till the rising of the court," said the three-member bench, also comprising justices L N Rao and Sanjiv Khanna.
A pensive looking Rao and Bhasuram, who on Monday had tendered unconditional and unqualified apologies for their roles in the transfer of Sharma, remained in the CJI's courtroom till 4 pm, the end of the normal working hours of the judicial side of the apex court. They also remained seated during the one-hour lunch break.
The two reached the courtroom before the start of court proceedings at 10.30 AM and sat in the visitors gallery but went near the dais after the lawyers asked them to come forward when the hearing of the contempt case came up.
Minutes after they were pronounced guilty, the two officers, clad in blue suits, quickly returned to the visitors' gallery to take their seats.
The court responded furiously when Venugopal sought its permission to allow the officers to leave the courtroom.
"What's this? Do you want us to sentence him till the rising of the court tomorrow? Go and sit where you were," the CJI said.
Before passing the order at around 11.40 am in the pre-lunch session, the bench told Rao and Bhasuram they have been held guilty of contempt of court and it was not accepting their unconditional and unqualified apologies.
At the outset, the Attorney General, appearing for the CBI and its officer, referred to the noting on the file related to the transfer of Sharma and said that it was a case of "error of judgement" on Rao's part as he had acted on the "incorrect legal advise".
"It is not wilful. Facts are little muddled... Rao has put himself to the mercy of this court," Venugopal said and sought leniency from the bench.
"Let us see the sequence of events. From the note of the Acting (CBI) Director, this much is obvious that he knew that there was an order of the Supreme Court (against the transfer of the CBI officer). He also seeks the opinion of the legal advisor," the bench said.
Later, Rao approved the relieving order of the CBI officer without "satisfying" himself whether the sanction of the court has been secured or not and "if this is not the contempt then what is contempt," the bench said, adding "the axe falls on the Supreme Court orders".
"He is the Acting Director of the CBI...Would the heavens have fallen if the relieving orders were passed after taking the Supreme Court into confidence," a furious CJI remarked.
The CJI told the Attorney General "Let us be very clear that I don't think any of us have as judges had the opportunity to invoke the jurisdiction of the contempt".
"We are and I can say I have not invoked the contempt powers and punished anyone. Speaking for myself I can say I have not invoked contempt power in the last 20 years. However, the dignity and majesty of the court has to be maintained," the CJI said.
"But this is brazen", the CJI said, adding that he was of the "firm view" that "the majesty of judiciary" has to be maintained.
At this moment, the Attorney General said "To err is human, to forgive is divine."
The bench said the officers have committed the contempt and asked, "Why should a contemnor be defended at government expenses?"