Madras high court sets aside AG’s consent for contempt against Gurumurthy

CHENNAI: In a reprieve to ‘Thuglak’ magazine editor S Gurumurthy, the Madras high court has set aside an order passed by advocate-general R Shunmugasundaram granting consent to initiate criminal contempt of court proceedings against him.

On October 27, 2021, Shunmugasundaram recalled an order passed by his predecessor Vijay Narayan refusing consent to initiate criminal contempt of court proceedings against Gurumurthy for his alleged derogatory remarks against the judiciary.

Allowing a plea moved by Gurumurthy against the order, Justice N Sehasayee set it aside.

The issue pertains to applications moved by advocates S Doraisamy and S Kumaradevan seeking consent of the advocate general to move criminal contempt of court proceedings against Gurumurthy.

Declining his consent, the then AG, Vijay Narayan, said in his order dated March 31, 2021: “Though some of the remarks pertaining to the judiciary could have been avoided, the statement taken in entirety, was meant to explain the systemic flaws and delays in the inquiry, investigation, administrative, executive and legal process and it was also based on the personal experience of Gurumurthy in pursuing certain cases against politicians.”

Subsequently, the two advocates moved recall petitions to reverse the order dated March 31 and permit them to initiate criminal contempt proceedings.

Counsel for the petitioner V Elangovan submitted that the dismissal order was passed by the then AG on mistaken facts.
According to the petitioners, the statement made by Gurumurthy in a public forum on January 14 lowered the honesty of the high court judges and amounted to interfering with the administration of justice and hence he is liable to be punished for making a contemptuous speech under section 2 (c) of the Contempt of Courts Act.