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Regular-article-logo Sunday, 05 May 2024

Supreme Court declines lawyer’s plea on Harsh Mander

SC bench declines to entertain any intervention application, saying it would hear the solicitor-general and Mander on Friday

Our Legal Correspondent New Delhi Published 05.03.20, 08:04 PM
Retired ISA Harsh Mander and activists participate in a rally to protest against CAA, NRC in Calcutta, Friday, Jan. 10, 2020.

Retired ISA Harsh Mander and activists participate in a rally to protest against CAA, NRC in Calcutta, Friday, Jan. 10, 2020. (PTI)

The Supreme Court on Thursday refused to entertain any intervention application on a matter related to former bureaucrat Harsh Mander’s alleged remarks against the judiciary and told senior advocate Colin Gonzalves to “stay out of it”.

“We don’t need you in the proceedings,” Chief Justice of India S.A. Bobde said after Gonzalves sought permission to place on record transcripts of Mander’s purported speech.

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“We will not allow you to intervene,” Justice Bobde, who was heading the bench, said.

Solicitor-general Tushar Mehta had earlier told the court that the bureaucrat turned activist had urged protesters against the Citizenship Amendment Act to continue with their street protests as he had faith neither in the Supreme Court nor in Parliament.

On Wednesday, the bench headed by Justice Bobde had asked Mander to respond to the allegation by Friday, when the matter would come up again.

The court had also asked solicitor-general Mehta to file an affidavit on the allegation.

Gonzalves, who appeared on Thursday for some petitioners seeking registration of FIRs against political leaders accused of making hate speeches partly blamed for the Delhi riots, asked the bench for permission to submit the transcripts of Mander’s purported speech.

He told the bench, which also included Justices Bhushan Gavai and Surya Kant, that he wanted to place on record the transcripts on behalf of a petitioner who wanted to intervene and prove that the allegations against Mander were not true.

He did not name the petitioner.

“I would like to put Harsh Mander’s transcripts on record,” Gonzalves said.

Gonzalves said he felt a responsibility to place the materials as he was Mander’s lawyer in Delhi High Court where he had sought registration of an FIR against BJP leaders Kapil Mishra, Anurag Thakur and others for their alleged inflammatory speeches ahead of the riots, which claimed 44 lives.

“I feel responsible for this (controversy), I was his (Mander’s) lawyer in the high court,” the senior advocate said seeking permission to place the transcripts.

Justice Bobde brushed aside his plea. “The solicitor-general has already done that. You are not a part of these proceedings. Please stay out of it, Mr Gonzalves. You have nothing to do with these proceedings.”

Gonzalves pleaded: “If you see the entire video of Mr Harsh Mander’s speech and see what was said (by Tushar Mehta) in the court yesterday.… It’s totally wrong….”

But the bench declined to entertain the plea, saying it would hear the solicitor-general and Mander on Friday.

Mander is being represented by advocate Karuna Nundy in the top court.

On Wednesday, the bench had declined to entertain Mander’s appeal for a direction to Delhi High Court for quick disposal of a batch of petitions seeking registration of FIRs against those accused of making hate speeches.

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