Prashant Bhushan held guilty for contempt of court by SC for tweets against CJI, judiciary

In a big development, Supreme Court on Friday held advocate Prashant Bhushan guilty of contempt of court in suo moto contempt plea against him. Prouncing verdict, a three-judge bench of Supreme Court Justices Arun Mishra, BR Gavai, and Krishna Murari said that Bhushan committed 'serious contempt of court' and that  hearing on quantum of punishment will be held on August 20. apex court had taken cognizance of Bhushan's tweets on Chief Justice of India and his four predecessors. 

In its judgment, top court said that if a citizen exercises his right of fair criticism, 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.' Court explained that when a statement is made against a judge as a judge, Court is entitled to invoke contempt. Court pulled Advocate Bhushan stating that his attack was dealt firmly because  impression that 'SC is under lockdown' was factually incorrect. top Court furr said that making such a 'wild allegation' against  CJI and to hint that he is keeping  SC in lockdown mode is 'false, malicious and scandalous and has a tendency to 'shake confidence' of public at large in judiciary.

On second tweet by BHushan, top court said that criticism is t against a particular judge but institution of Supreme Court and institution of CJI. Court said that despite himself being a part, Advocate Bhushan indulged in making statements that brought 'disrepute to institution of administration of justice.'

"Constitutional democracy stands in bedrock of rule of law. trust, faith and confidence of people in judicial system is sine qua n (absolutely necessary) for existence of of law. An attempt to shake very foundation of constitutional democracy has to be dealt with an iron hand," Supreme Court pointed out in its judgement.

READ | Capable of undermining dignity: Supreme Court issues tice to Prashant Bhushan, Twitter

'Capable of undermining dignity': SC

While registering  suo motu proceedings in matter, apex court had observed that tweets have brought judiciary in 'disrepute' and are capable of undermining dignity and authority of court and office of Chief Justice of India. court had also issued a tice to Attorney General and Prashant Bhushan as well. 

READ | SC pulls up Prashant Bhushan & Twitter for alleged derogatory tweets against judiciary

"We are, prima facie, of view that aforesaid statements on Twitter have brought administration of justice in disrepute and are capable of undermining dignity and authority of Institution of Supreme Court in general and office of Chief Justice of India in particular, in eyes of public at large," a three-judge bench headed by Justice Arun Mishra had observed. Additionally, top Court had also directed Twitter Inc., California, USA to file a reply in case.

Advocate Dushyant Dave appearing for Bhushan argued that his comments were warranted as re have been 'shortcomings' in functioning of judiciary. In a detailed reply to top court, Dave on behalf of Bhushan said that expression of bona fide opinion about Court cant amount to contempt. However, top court rejected argument.

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