'Don’t make Prashant Bhushan a martyr': Rajeev Dhavan tells SC in contempt of court case

It was Prashant Bhushan versus the Supreme Court once again on August 25 before a 3-judge bench headed by Justice Arun Mishra which was hearing arguments on the sentence to be awarded to Prashant Bhushan after he was found guilty of contempt of court for two tweets made by him in the recent past.

The hearing began with Justice Mishra stating that there was “no need” for Prashant Bhushan to read out in open court the statement he had submitted in which Bhushan had said that it would be “contempt of his conscience” to render an apology for his tweets. Justice Mishra then went on to ask the Attorney General (who was part of the hearing in his capacity as the senior-most officer of the Court), what the Supreme Court should do, now that Bhushan had refused to render an unconditional apology. 

READ: Prashant Bhushan case: SC reserves order, hearing on August 25 if 'apology rendered'

KK Venugopal made extensive submissions

Attorney General KK Venugopal made extensive submissions before the three-judge bench over how the best course of action would be to forgive Prashant Bhushan. “From time to time, retired judges and sitting judges have been making some comments. There have been serious statements made about the Supreme Court having failed the democracy”, Venugopal said. “The statements made by Prashant Bhushan were only to tell the Court that there is a need for reform. I think this would be a fit case where the Supreme Court should forgive the person before it, perhaps with a warning”.

KK Venugopal, not so long ago, had himself approached the Supreme Court raising contempt allegations against Prashant Bhushan and asking for contempt proceedings to be initiated against him. When reminded of this by Justice Mishra, Venugopal said that after Bhushan had expressed his regret for his comments in Court, he had chosen to withdraw his plea. “If Prashant Bhushan expresses regret and the Supreme Court forgives him, then I feel like it will be a fitting end to these unfortunate proceedings”, the Attorney said.

Justice Mishra defended the integrity of the institution by asking the Attorney General “not to take sides” in the matter and take the responsibility of protecting the system. “You and I are both part of the same system. We have to respect the system. If we start attacking each other then it means the end of the system itself”said Justice Mishra.

READ: SC reserves verdict on quantum of sentence against Prashant Bhushan in contempt case

“Don't make Prashant Bhushan a martyr”

Senior Advocate Rajeev Dhavan appeared for Prashant Bhushan before the Supreme Court. He requested the Supreme Court to show magnanimity in the case by taking into consideration the contributions Prashant Bhushan had made to the jurisprudence of the Supreme Court through multiple cases as a lawyer as well as a litigant.

“When your lordship was the Chief Justice of the Calcutta High Court, Mamata Banerjee had called the judiciary corrupt. You had considered the fact that she was a politician and did not punish her”, Dhavan said. “The Supreme Court cannot survive without criticism”, he argued.

In his closing arguments, Dhavan also requested the Court to “not make Prashant Bhushan a martyr”. “After the Babri Masjid was demolished and Kalyan Singh was sent to jail, everybody was praising him. He became a martyr. Please do not make Prashant Bhushan a martyr”, Dhavan concluded.

The bench has reserved its order on the sentence to be pronounced to Bhushan. The bench is expected to deliver the verdict soon with Justice Mishra all set to retire in the first week of September.

READ: Prashant Bhushan’s Contempt Case - Sledgehammer or Judicious?

READ: Prashant Bhushan refuses to apologise or retract statement & tweets; affirms faith in SC