A division bench, comprising Justices SS Sundar and Sunder Mohan, found Sampath Kumar guilty of criminal contempt but they opted for leniency due to his credentials. The punishment was limited to 15 days
Chennai Super Kings skipper MS Dhoni in a file image during IPL 2023. Sportzpics
The Madras High Court on Friday sentenced retired IPS officer G Sampath Kumar to 15-day imprisonment in a contempt of court petition filed against him by former Indian cricket captain MS Dhoni. A division bench, comprising Justices SS Sundar and Sunder Mohan, found Kumar guilty of criminal contempt but they opted for leniency due to his credentials. The punishment was limited to 15 days, and the court, under section 19 (3) of the Contempt of Courts Act, also suspended the sentence for 30 days to allow Kumar to file an appeal.
“Even though a request is not received from the side of the respondent, this court is inclined to exercise its power under section 19 (3) of the Contempt of Courts Act and suspend the execution of punishment imposed on the respondent by this court, for a period of 30 days” (to enable him to file an appeal),” the court said.
MS Dhoni’s contempt petition sought punishment for Sampath Kumar’s remarks against the judiciary in response to a Rs 100 crore defamation suit. The World Cup-winning captain had filed the suit back in 2014 against the former policeman, who had accused Dhoni of being involved in a betting scandal in the Indian Premier League (IPL).
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The court also observed that Sampath Kumar deliberately attempted to scandalise and undermine the authority of both the High Court and the Supreme Court. The court concluded that Kumar was extremely indecent in the way he attacked the judiciary to scandalize and diminish its dignity and majesty.
“In the present case, we are convinced that the statements made by respondent in the additional written statement is with an intention to scandalise this court, to lower its authority, and to destroy the confidence of people in the administration of justice. From the language and the context, this court has no hesitation to hold that the respondent wants to convey a message in the additional written statement that the high court as well as the Supreme Court, while passing orders, either do not follow the Rule of Law or pass orders which are nothing but abuse of process of law”, the bench added.
The judges went on to say that freedom of speech and expression must not exceed the statutory limits outlined in the Contempt of Courts Act. The bench observed that the dignity of courts is a fundamental principle of the rule of law and any publication or speech undermining it cannot be allowed.