SC reserves order on contempt case towards advocate Prashant Bhushan

Tribune News Service

New Delhi, August 5

The Supreme Court on Wednesday reserved its order on a suo motu legal contempt case initiated towards activist-lawyer Prashant Bhushan and Twitter Inc for his tweets allegedly scandalising the judiciary.

A 3-judge Bench headed by Justice Arun Mishra reserved its order after listening to at size senior advocate Dushyant Dave, on behalf of Bhushan. He stated no establishment needs to be free from public criticism.

On Tuesday, it had reserved its order in an 11-year-old contempt case towards Bhushan by which the lawyer has expressed remorse however refused to apologise.

With regard to the suo motu contempt case, the highest court docket Registry refused to simply accept a petition filed by 16 activists looking for to intervene in it.

During the listening to, Dave tried to impress upon the Bench that Bhushan’s tweets essential of CJI SA Bobde and former CJIs didn’t quantity to scandalising the Judiciary.

“Mr Bhushan’s contribution to development of the PIL jurisprudence is immense. He criticises the court because of love and affection for the institution. He did not impute any motives. Please don’t misunderstand him,” Dave submitted.

“Perhaps you (Bench) would have given him Padma Vibbushan for the work in the last 30 years,” he stated, requesting the Bench to not proceed with the legal contempt case.

“Do you think we have broad shoulders?” requested Justice Mishra.

“You usually have but maybe not in this case,” Dave replied.

He stated nobody, together with judges, can declare infallibility. “Hundreds of people tweeted after the photo was clicked of the CJI riding a bike. Is the court going to charge all of them with contempt?” Dave requested.

On behalf of Twitter, senior counsel Sajan Poovayya stated his shopper was solely an middleman on this case. 

“There are 50 crore tweets every day. It’s not possible for us to look at all of them. After the court’s notice we withheld the tweets in question. I (Twitter) should not have been impleaded at all,” Poovayya submitted.

Dave additionally talked about sexual harassment case towards the then CJI Ranjan Gogoi by which all the costs towards the lady in query have been been dropped and she or he was reinstated. 

Recently Bhushan had tweeted, “CJI rides a 50 Lakh motorcycle belonging to a BJP leader at Raj Bhavan Nagpur, without a mask or helmet, at a time when he keeps the SC in Lockdown mode denying citizens their fundamental right to access Justice!”

In one other tweet, he had on June  27, stated, “When  historians  in  future  look  back  at  the last  6  years  to  see  how  democracy  has  been  destroyed  in  India  even without  a  formal  Emergency,  they  will  particularly  mark  the  role  of the  Supreme  Court  in  this  destruction,  &  more  particularly  the  role of the last 4 CJIs.”

The prime court docket had on July 22 taken robust exception to each the tweets and initiated suo motu contempt proceedings towards Bhushan.

Referring to 2 of Bhushan’s tweets, a Bench had stated, “We are, prima facie, of the view that the  aforesaid statements on Twitter have brought the administration  of justice in disrepute and are capable of undermining the dignity  and  authority  of  the Institution  of  Supreme  Court  in  general  and  the  office  of  the  Chief Justice of India in particular, in the eyes of public at large.”


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