Gavai J: Leave granted. Heard counsel on question of interim protection...Though Dr Singhvi & Jethmalani have argued at length...appeal filed by [Gandhi] is pending before appellate court. We therefore refrain from observing anything on merits...
Jethmalani: Just one sentence from Lok Prahari that I want to point out, which [Singhvi] did not read out..."The authority vested in the appellate court to stay a conviction ensures that a conviction on untenable or frivolous grounds does not operate to cause serious prejudice." THAT'S the test!
Gavai J: We will come in 5 minutes.
Singhvi: There's also another case...MP Hardik Patel. His conviction was stayed.
Singhvi: There's another...2018 Lok Prahari judgment.
Gavai J: Read it out.
(Singhvi reads)
Singhvi (in rejoinder): Only 2 minutes. There's no CD1, CD2. Second, in 2007 judgement, it was said representation of constituency is a HIGHLY relevant consideration. (refers to Ravi Kant judgment)
Jethmalani: In response to your question about constituency being unrepresented...Right of electorate to elect a person who...
Gavai J: Not a person like this?
Jethmalani: Not a person who makes rash sentence, has broken the law...
Jethmalani: It is well held that an apology does not eradicate contempt, or conviction for it. It is still an admission of guilt. (Rejecting contention that Gandhi has no prior convictions)
Jethmalani: Here also, he compounds his defamatory statement (continues reading from order in contempt petition)
Gavai J: Had this judgment come up earlier, your client could have been more cautious.
Jethmalani refers to following observation by Supreme Court when it closed the contempt petition in Chowkidaar remark case:
"It is unfortunate that without verification or even perusing as to what is the order passed, the contemnor deemed it appropriate to make statements as if this Court had given an imprimatur to his allegations against the Prime Minister, which was far from the truth. This was not one sentence or a one off observation but a repeated statement in different manners conveying the same. No doubt the contemnor should have been far more careful".
Jethmalani refers to Chowkidar Remark case. Gandhi allegedly attributed 'chowkidaar chor hain' remark to Supreme Court.