BJP National Secretary H Raja Tuesday submitted before the Chief Justice of the Madras High Court that a division bench of the court had no locus standi to suo moto initiate contempt proceedings against him.
Making a special mention before the First Bench comprising Chief Justice V K Thahil ramani and Justice M Duraiswamy, advocate K S Dinakaran appearing for the BJP leader referred to several judgments and said only the Chief Justice could decide whether to initiate suo motu proceedings or not.
The matter relates to the suo motu contempt proceedings initiated by a division bench of Justices C T Selvam and Nirmal Kumar on September 17 against H Raja over his alleged derogatory remarks against the judiciary and police.
It had also issued a statutory notice to him directing his personal appearance on October 22.
There are several high court and Supreme Court judgments that allow other benches to place the materials before the Chief Justice on taking cognizance of the matter and whether to take Suo motu action or not, the council noted.
Chief Justice VK Thahil Ramani directed the advocate to place the note along with citings in this connection and said she would examine the matter.
A criminal case was registered against Raja on September 16, a day after he picked up a quarrel with policemen in Meiyyapuram village in Pudukottai district over the route of an immersion procession of Lord Ganesh idols.
He had called the police "anti-Hindu" and "highly corrupt", besides making some remarks against judiciary when informed that permission could not be given to take out the procession through the route in view of a court order.