Maharashtra Advocate General Grants Consent For Contempt Case Against Ex-Major Nirmal Ajwani

“In the aforesaid circumstances, I grant my consent under section 15(1)(b) of the Contempt of Courts Act, 1971 for initiation of criminal contempt proceedings against Shri N.R. Ajwani for making the aforesaid statements in his book ‘The False Spy’”, Saraf said in his letter granting consent.

The consent was given on the request made by Advocate Ravi Goenka, who has alleged that statements have been made in the book against the Supreme Court judges who heard Ajwani’s case.

In another letter dated Wednesday, January 11, 2023, AG Saraf has asked Goenka to seek the consent of the Attorney General of India or the Solicitor General of India as the concerned statements are about Supreme Court judges.

Section 15(1)(b) provides that SC or HC can initiate contempt action either suo moto or on a motion, made with consent of the Advocate General, by any other person. The explanation to section 15 says that the term 'Advocate General' will mean Attorney General or Solicitor General in relation to the Supreme Court.

In the book, Ajwani recounts his experience of the entire scandal. The book claims to “expose the pitfalls of the intra-court system and the incompetence of the army courts in handling such a case with sense and sensitivity”.

In the 1970s, several Army Personnel were suspected of being involved in espionage activities with Pakistan. Ajwani was one of the officers implicated in the scandal known as Samba Spy Scandal.

The matter underwent several rounds of litigation before the Delhi High Court and Supreme Court. The Delhi HC set aside his termination. However, in March 2014, the Supreme Court upheld it.