CHENNAI: In a reprieve to auditor S Gurumurthy, the Madras high court has restrained the Tamil Nadu advocate general from proceeding further with the application seeking his consent to initiate criminal contempt of court proceedings against him.
On October 27, 2021, Tamil Nadu advocate general (AG) R Shunmugasundaram recalled an order passed by his predecessor Vijay Narayan refusing consent to initiate criminal contempt against Gurumurthy for his alleged derogatory remarks against the judiciary.
Recalling the order passed on March 31, Shunmugasundaram had decided to reconsider the issue.
Aggrieved, Gurumurthy moved the high court challenging the recall order. Justice Anita Sumanth on Thursday directed the AG to hold the proceeding and file a counter to the plea.
The issue pertains to applications moved by advocate S Doraisamy and S Kumaradevan seeking AG’s consent of advocate general to move criminal contempt of court proceedings against Gurumurthy.
Declining his consent, the then AG said in his order of March 31: “Though some remarks pertaining to the judiciary could have been avoided, the statement taken in entirety, was meant to explain the systematic 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 for 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, Gurumurthy’s statement on January 14 lowered the honesty of HC judges and he is liable to be punished for making a contemptuous speech under section 2 (c) of the Contempt of Courts Act.
