Madras HC sentences IPS officer in contempt plea of MS Dhoni

CHENNAI: The Madras High Court (MHC) on Friday sentenced the retired IPS officer G Sampath Kumar to 15 days of imprisonment in a contempt of court petition filed by former Indian cricket team captain Mahendra Singh Dhoni.

A division bench comprising Justice S S Sundar and Justice Sunder Mohan, wrote that showing lenience towards the retired IPS officer this court suspends the 15 days imprisonment for a period of 30 days to allow him to appeal against the order.

In 2013, the Supreme Court constituted three member Committee headed by Justice Mukul Mudgal (Retd) to probe into the allegations of betting and spot fixing in the 2013 Indian Premier League (IPL) matches.

It was alleged that Sampath Kumar and Zee Media Corporation published a defaming news against Dhoni that he was involved in the match fixing during 2013 IPL matches.

Aggrieved by this Dhoni filed a petition seeking interim injunction restraining Sampath Kumar and Zee Media from making or publishing any defamatory news against him. Dhoni also claims Rs.1 crore for damages made. The MHC granted the interim injunction against Sampath Kumar and Zee Medi in 2014.

Sampath Kumar filed a written statement raising various grounds about the maintainability of the suit.

Dhoni contended that the IPS officer made disparaging and derogatory remarks against the Supreme Court and the Madras High Court in his written statement, which is capable of shaking the faith of the common man in the judicial system and thus constitutes criminal contempt.

Sampath Kumar had allegedly stated that the Supreme Court chose to keep certain portions of the Report of Justice Mudgal Committee (formed to independently enquire into the match-fixing in 2013 IPL) in a sealed cover and did not provide the same to the Special Investigation Team.

Dhoni said that Sampath imputed that the Supreme Court "has a motive" in not providing the sealed cover.

Senior counsel Perumbulavil Radhakrishnan appeared for Sampath Kumar, contended that the contempt petition has been initiated after the expiry of a period of one year from the date on which the contempt is alleged to have been committed and hence the contempt petition is liable to dismissed.

However, the bench observed that this court is really surprised to see that a specific statement is made by Sampath Kumar making an allegation as if the Supreme Court deviated from its focus on "Rule of Law" and shelved the deposition in sealed cover for reasons, but he unable to comprehend.

A person who violates the order, judgment, decree or direction of any Court, is liable to be prosecuted for civil contempt, under section 10 of the contempt of courts act, 1971, the bench wrote.

"What is more perturbing or suprising is the conduct of respondent, he has not tendered any apology for the serious allegations made against this court and the remarks against the Supreme Court that it hears the cases without focussing on the Rule of Law", read the judgment.

This court finds that Sampath Kumar is guilty of committing criminal contempt and sentenced him for 15 days to simple imprisonment.