'Malicious and intimidatory': SC slams Bhushan's tweets, holds him guilty of contempt

Supreme Court on Friday sent across a stern mess while defending institution of judiciary and holding lawyer and activist Prashant Bhushan guilty of criminal contempt against Supreme Court of India for two tweets me by him in recent past criticising four former and incumbent Chief Justice of India. three-judge bench of Justices Arun Mishra, B.R. Gavai, and Krishna Murari in a 108-p judgment clearly stated that anyone attempting to shake confidence that public at large has in institution of judiciary “would be dealt with firmly”.

Supreme Court has delved into an analysis of both tweets dated June 27 and July 22 to determine wher y are mere criticism by Prashant Bhushan, as was claimed by him in 143-p affidavit filed through his counsel or wher this was a malicious attack against judiciary and institution of Supreme Court itself.

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bench in its judgment stated, “If a citizen exercises his right of fair criticism under Article 19(1) of Constitution, Court will be slow in exercising contempt and will (show) magnanimity. But when such a statement is calculated in order to malign im of judiciary, Court would t remain a silent spectator.”

bench also went on to say, “When a statement is me against a judge as an individual, contempt jurisdiction would t be available. But when a statement is me against a judge as a judge, which has an verse effect in ministration of justice, Court would certainly be entitled to invoke contempt.”

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Clarification by apex court

Supreme Court clarified allegations raised by Bhushan in his tweet dated July 22 stating that date on which CJI is alleged to have taken a ride on motorbike is during summer vacation of Supreme Court and during that time as well, vacation benches of Court were functioning.

“ impression that Supreme Court is under lockdown is factually incorrect. Prashant Bhushan has himself appeared before Supreme Court via video conferencing on a number of occasions. t only that, even in his personal capacity he has approached Supreme Court challenging an FIR that was filed against him in Gujarat where Court h issued tice. To say that Supreme Court is under lockdown is patently false,” Supreme Court order states.

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bench went on to call Bhushan’s attack on top court as “scandalous, malicious and intimidatory”. court also stated in clear words that Indian Constitutional democracy stands on bedrock of rule of law. trust, faith, and confidence of citizens of country in judicial system is absolutely essential to rule of law. An attempt to shake very foundation of constitutional democracy “has to be dealt with an iron hand”.

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(Im credits: PTI)