He said that he would not appear as “there is a specific prohibition under Article 124 (7) of the Constitution against former judges doing so”.

Katju defies SC says will not appear after notice issued over comments on Soumya case
news Soumya case Tuesday, October 18, 2016 - 09:46

Hours after the Supreme Court of India challenged former SC Judge Markandey Katju and asked him to appear in court to advance his arguments in the infamous Soumya murder case, the former judge has refused to do so.

Hours after the Supreme Court verdict on Soumya case in September, Justice Katju said that the apex court had erred in not holding Govindachamy guilty of murder. The SC took suo moto judicial notice of the blog and asked Katju to debate in court who was right- him or the court. Justices Ranjan Gogoi, Prafulla Pant and UU Lalit on Monday asked him to come to appear.

Times of India reports that Justice Katju told the media on Monday evening that he would not appear as “there is a specific prohibition under Article 124 (7) of the Constitution against former judges doing so”.

The court's present directive means he has to submit his pleadings as he has to present his views and it is not proper for the SC to say something like that, he said, according to TOI.

Calling the judgment, a gross error, Katju had pointed out that the evidence for acquitting Govindachamy of murder was "inadmissible." The Bench observed that they wanted Katju to come debate in open court on why he believed the judgment was flawed. The court added that they had the greatest respect for Justice Katju.

Both the Kerala government and Soumya’s mother had filed review petitions in the case, which the Supreme Court will take up on November 11 during the next hearing of the case.

Observing that the prosecution had failed to prove the charge of murder, the court acquitted Govindachamy of the offense of murder and charged him under section 325. Katju however had written that the judgment was based on a hearsay evidence.

Also read: Feathers ruffled by FB post? SC asks Katju to come debate Soumya murder case in court

 

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