The reference to the right-wing RSS as an “extremist” organisation by a lawyer in his plea seeking an SIT probe into recent incidents of violence at Patiala House courts, on Friday sparked a strong reaction from another lawyer who sought the Supreme Court’s intervention in expunging the word.
“I am pained. My Lords, please ask him to immediately expunge the remarks used for the RSS. The RSS is not an extremist organisation,” lawyer R.P. Luthra, who has sought to intervene in the matter arising out of the violent incidents when JNUSU president Kanhaiya Kumar was produced in the lower court, told a bench of Justices J. Chelameswar and A.M. Sapre.
The exchange took place during the hearing of a fresh plea by lawyer Subhash Chandran, who said he was part of the team of lawyers representing Mr Kumar and claimed he was attacked by some “rowdy” colleagues in the New Delhi district courts premises at Patiala House here.
Mr Chandran further alleged that defence lawyers were called “Pakistani agents” and the “murderous” attack on them and others, including journalists, was planned by the BJP-RSS leaders.
Senior advocate Chander Uday Singh, representing Mr Chandran, said the police has so far not registered the FIR on his complaint. The reference to the RSS as an extremist organisation irked Mr Luthra who sought its expunction by arguing at the top of his voice that it was a “nationalist” organisation and use of such words would “provoke” the people.
The court referred to prayers like a direction to the police to register the FIR and asked Mr Singh to withdraw his plea and file a fresh one, saying: “You say that you have also been assaulted. We would certainly like to examine the allegations.”
Solicitor-General Ranjit Kumar, appearing for the Centre and the Delhi police, opposed the plea saying there was no specific allegation that the petitioner lawyer was attacked or “somebody tried to kill him.”
The bench then permitted Mr Singh to withdraw the plea and asked Mr Luthra to calm down, saying the plea now stands withdrawn.
Mr Luthra had on Thursday objected to “out of the way” hearing of Mr Kumar’s bail plea. “There is a well calculated design to terrorise the subordinate judiciary and the authorities and ... The lower judiciary be allowed to function as per law,” he had said and alleged that the police was being pressured not to oppose the bail application of Mr Kumar.
Earlier, the apex court had termed as “extraordinary circumstances,” the violence in the Patiala House courts while it rejected a lawyer’s contention that exceptional importance was being given to one case which would demoralise lower judiciary and the police.
