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

On Tuesday, a three-judge Supreme Court bench comprising Justices Arun Mishra, BR Gavai and Krishna Murari reserved its judgment on the quantum of sentence against senior advocate Prashant Bhushan in the criminal contempt case. The court heard the arguments of Attorney General KK Venugopal and Bhushan's counsel Rajeev Dhavan. While the apex court had asked Bhushan to render an unconditional apology by August 24, the latter refused to do so.

In his supplementary statement, the senior advocate maintained that he had highest regard for the institution of the Supreme Court. Bhushan stated that he offered constructive criticism so that the court can arrest any drift away from its longstanding role as a guardian of the Constitution. According to him, an insincere apology would amount to contempt of his conscience. 

Read: Prashant Bhushan’s Contempt Case - Sledgehammer Or Judicious?

Details of the hearing

During the hearing, Venugopal cited that former SC judges have made comments about corruption in the judiciary, aimed at seeking improvement of the administration of justice. He requested the bench to spare Bhushan from punishment and forgive or warn him instead. Observing that the court expected something better from Bhushan, Justice Mishra questioned the rationale of warning Bhushan if he himself has no inkling that he has done wrong. After the AG requested one more chance for the senior advocate to express regret, the judges gave the latter 30 minutes to reconsider his stance.

After the bench reassembled, Dhavan recalled the contribution of Bhushan in public causes and claimed that the convicting judgment contains half-truths. Stressing that there is no question of Bhushan withdrawing his statements, he called for statesmanship from the court. Thereafter, Venugopal made his final comments in the matter. Mentioning that apology is a magical word that can heal many things, Justice Mishra said that one should not feel belittled by apologising. 

Read: Prashant Bhushan Refuses To Apologise Or Retract Statement & Tweets; Affirms Faith In SC

What is the suo moto contempt case? 

A three-judge SC bench comprising Justice Arun Mishra, BR Gavai and Krishna Murari analysed two tweets posted by Prashant Bhushan on June 27 and July 22. While one tweet pertained to the functioning of the judiciary in the last 6 years, the other was a comment on CJI SA Bobde. The bench held that the senior advocate had attempted to scandalise the entire institution of the judiciary.

According to the apex court, the tweets based on distorted facts amount to committing criminal contempt. It observed that Bhushan's tweets cannot be considered a fair criticism of the judiciary's functioning. On the other hand, it discharged the notice issued to Twitter Inc after accepting the company's explanation and acknowledging the fact that they had suspended both the tweets. On August 14, Bhushan was held guilty of contempt of the court. 

Read: 'Highly Objectionable': 103 Eminent Citizens Take On Lobby Backing Prashant Bhushan