HC dismisses Katju's claims against former CJI, says blog can't be used as proof

HC dismisses Katju's claims against former CJI, says blog can't be used as proof

FP Archives October 14, 2014, 21:16:29 IST

Statements in a blog are personal opinion which cannot be treated as an evidence, the Delhi High Court on Tuesday said and dismissed a plea for a CBI probe into allegation by Justice (Rtd) Markandey Katju who had blogged that a former CJI had made “improper compromises” to favour a High Court judge despite adverse IB report against him.

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HC dismisses Katju's claims against former CJI, says blog can't be used as proof

New Delhi: Statements in a blog are personal opinion which cannot be treated as an evidence, the Delhi High Court on Tuesday said and dismissed a plea for a CBI probe into allegation by Justice (Rtd) Markandey Katju who had blogged that a former CJI had made “improper compromises” to favour a High Court judge despite adverse IB report against him.

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Refusing to intervene into the controversy, a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said a CBI probe cannot be directed merely on the basis of the statements made on a blog and dismissed a PIL seeking probe into the statements made by Katju, ex-Supreme Court judge and Press Council of India Chairman.

Markandey Katju. Reuters

“We are unable to understand as to how the matter involves public interest to direct an investigation by CBI at this stage, that too on the basis of the statements made on a blog,” it said.

“It is also relevant to note that blog is nothing but a personal website that allows the users to reflect, share opinions and discuss various topics in the form of an online journal and sometimes letting the readers comment on their posts,” it said, adding “the statements in a blog are only the personal opinion of the user and cannot take the place of evidence.”

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The court further said that the issue pertaining to extension given to the Madras High Court judge has already been dealt with by the Supreme Court and there is no need to go into the issue again and also pointed out that the judge has retired in 2009 and later died.

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