CHENNAI : Advocate-general Vijay Narayan has granted his consent to initiate criminal contempt proceedings against former AIADMK MLA Thanka Tamilselvan for his alleged statement against judiciary.Passing orders on Monday on the complaint from advocate B Kannan, seeking to initiate contempt proceedings against Tamilselvan under Sec. 15-1(b) of the Contempt of Court Act, Vijay Narayan observed that in a case of criminal contempt, the court may take action on its own motion or on a motion made by the AG or any other person with the consent in writing of the AG.
The scope of Sec. 15 has come up for consideration and it had been held that the AG cannot go into the merits of the allegations. But the parameter for granting consent would require the AG to arrive at a conclusion that the petition is not frivolous, vexatious or borne out of ill-will. “Applying this parameter, I have no hesitation to conclude that this is a case, where consent ought to be granted,” Narayan said.
Moreover, a reading of the statement by Tamilselvan would make it clear that this case fell within the parameters stated above for grant of consent, the AG added.However, Tamilselvan argued that he had tendered his unconditional apology and the AG should accept it and close the complaint.The AG said that this argument cannot be accepted for the reason that the power of accepting an apology in contempt proceedings is vested only with the court.
Along with other disqualified MLAs, Tamilselvan challenged the order of disqualification by the Speaker before the High Court by way of writ petitions. They came up for hearing on June 14 last when the first bench of the High Court passed a split order. And the matter was referred to a third judge.Tamilselvan gave an interview to the Sun News on June 17, in which he made certain remarks against the judiciary.