Advocate Nilesh Ojha, representing Disha Salian’s father, has responded to the contempt proceedings initiated by the Bombay High Court, claiming it is his fundamental right to speak. The proceedings were initiated against him for making allegations against a sitting High Court judge and a former Chief Justice.
Ojha on Monday submitted his reply on the contempt proceedings initiated by the high court. He has questioned the maintainability of the proceedings on the basis of his fundamental right of right to speak. Ojha claims that publication of truthful material, even if it exposes corruption or misconduct by a sitting judge, does not amount to contempt, even if it damages the reputation of a sitting judge.
The Bombay high court had recently issued a cause notice to Ojha for his stating why contempt action should not be initiated against him for making allegations against a sitting HC judge and a former HC chief justice during the press conference he had held after filing petition for Salian’s father before the high court.
A special 5-judge bench has been constituted after it was brought to the notice of the High Court about Oza’s alleged scandalous allegations against a sitting HC judge and former HC chief justice. Besides, the high court had also directed YouTube and media organisations to remove video clips of the press conference where Ojha made these allegations.
Ojha has claimed that while issuing the notice to him, the court has not specified the source of information. He has also opposed the said action and has sought for restoration of the deleted video and has sought protection of his right to free speech.
