Former Supreme Court Judge Markandey Katju on Wednesday cited a bar under the Constitution that restrains him from appearing before the Supreme Court which summoned his presence in court on November 11 to explain his comment criticising a judgment of the apex court in the Soumya rape and murder case.
Yet to receive summons, Justice Katju in his Facebook post said that he was willing to present his views to the Supreme Court but felt that Article 124(7) of the Constitution comes in his way. He wrote, “I would be delighted to appear and discuss the matter in open court, but would only like the judges to consider whether, being a former Supreme Court judge, I am debarred from appearing by Article 124(7) of the Constitution. If the judges hold that it does not debar me, I would be happy to appear and place my views.”
Article 124(7) states, “No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.” On October 17, the Supreme Court had issued notice to Katju taking suo moto cognisance of his Facebook post where he said that the judges who spared a man from the gallows committed a “grievous error” by acquitting him of murder when evidence was available to hold him guilty under IPC Section 300 (murder). Accused Govindaswamy was convicted by apex court only for rape of 23-year-old girl Soumya in Kerala in February 2011 although the prosecution alleged he pushed the girl from a moving train and later raped her, following which she succumbed to her injuries five days later.
The apex court, which is hearing review petitions by the Kerala Government and the victim’s mother, had on Monday requested Justice Katju to appear before it on November 11 and explain the “fundamental flaw” committed by them in their judgment.