Soumya rape case: SC summons Katju to explain his Facebook post

In an unprecedented order, the Supreme Court summoned one of its former judges, Markandey Katju, to appear in person before it to point out the "fundamental flaws", as claimed by him in the sensational Soumya rape case.
"He (Justice Katju) is a respected gentleman. We request him to come in person and debate his Facebook post criticising the judgment. Let him come to the court and let's debate over the fundamental flaws in our verdict," a bench of Justices Ranjan Gogoi and U U Lalit said and issued a notice to Justice Katju.
Attorney General Mukul Rohatgi, who was assisting the top court in the matter, said "I think it is for the first time that the Supreme Court has asked its former judge to appear in person before it in connection with any matter".

In his Facebook post, Justice Katju had criticised the apex court saying it had grievously erred by "not holding" the convict, Govindachamy, "guilty of murder" in the case.
The bench also kept the review petitions filed by Kerala and Soumya's mother in abeyance saying it would debate with Justice Katju on his facebook post.

"Though arguments have been elaborate and stands concluded, we do not consider it appropriate to express any opinion on the contentions advanced at this stage. This is so because we are of the view that a connected issue which has arisen needs to be resolved in the first instance," the bench said referring to the blog of Justice Katju.

"Such a view coming from a retired judge of this Court needs to be treated with greatest of respect and consideration. Office to register a suo motu review petition," the bench said in its order.
"We issue notice to Justice Markandey Katju, former judge of this Court and request him to appear in Court in person and participate in the proceedings on November 11...as to whether the judgment and order dated September 15 passed by this Bench...suffers from any fundamental flaw so as to require exercise of the review jurisdiction," the bench said. 

While issuing notice to Justice Katju, the bench also quoted his Facebook post criticising the Soumya case verdict, which said "It is regrettable that the Court has not read section 300 carefully. The judgment needs to be reviewed in an open court hearing". In another post on the same issue, Justice Katju had written "I submit that the Supreme Court has erred in law in not holding the accused guilty of murder, and its judgment needs to be reviewed to this extent". 

Justice Katju, through his Facebook post on September 15, had criticised the verdict commuting to life the death sentence awarded to Govindachamy for raping 23-year-old Soumya on February 1, 2011, after pushing her out of a train in Kerala.
Following the apex court order, the state as well as Soumya's mother had filed review petitions. 

Legal fraternity reacts to the decision

"Nobody is above law" and a former judge of the Supreme Court is an "ordinary citizen". This was how some legal experts reacted to the apex court order asking its former judge Markandey Katju to appear personally before it to explain the "fundamental flaws", as claimed by him in the sensational Soumya rape case.
While welcoming the order, senior advocate and Supreme Court Bar Association (SCBA) president Dushyant Dave said "powerful signals have been sent to those who bring disrepute to the organisation".
Its Vice President and senior advocate Ajit Kumar Sinha was of the view that it is an "unprecedented" order and Justice Katju, who has become a "common citizen" after his retirement, has to clear his stand on the issue.

Senior lawyer Meenakshi Arora termed the order as "undoubtedly unusual" but said "Let's take it as a positive fact that as a critic of a judgment, the court can ask for his assistance." However, Sinha said as long as his blog is limited to criticising the judgement there will not be any problem but if he had exceed the limit by criticising the judge or the author of the judgement then it would take a different dimension.

"As long as somebody citicises the judgement, then it's not the problem. But if someone criticises the judge, then that is not right. The move by the Supreme Court is unprecedented," Sinha said.
A very respectful senior advocate and a good friend of Justice Katju told PTI on the condition of anonymity, "nobody is above the law" and if somebody scandalises the Supreme Court, it is entitled to ask him to explain.

"A Facebook post is also a public speech. But nobody is above the law. If someone scandalises the Supreme Court, they are entitled to ask him to explain. They have not issued any contempt. This is giving an opportunity to him to mellow down his comments," the senior lawyer said.
Dave, who was more forthcoming, said "This is a right move and I hope it teaches Justice Katju a lesson for impropriety."

"This is for the first time that a former Supreme Court judge has been asked to appear in court. I would say this is a welcome move by the Supreme Court. I hope powerful signals are sent to those who bring disrepute to the organisation, irrespective of the fact as to who they are," he said. 

His colleague in the SCBA, Sinha said "After retirement, Justice Katju has also become a common citizen. He has been asked to appear in the court to explain his stand on the comment he made. I think, the bench thought it right that he himself should clear the stand. If he is able to substantiate his stand then the court will review. Else, consequences will follow. PTI PKS RRT RKS