"We will be fair to you, even if you are not fair to us": SC tells Prashant Bhushan

The Supreme Court today heard arguments on the sentence to be awarded to Advocate Prashant Bhushan in the criminal contempt case against him, for which he was found guilty last week. The Supreme Court bench headed by Justice Arun Mishra decided to give a few days time to Bhushan to reconsider his statement that was submitted to the Court. Bhushan in his statement had told the Supreme Court “I do not ask for mercy, I do not appeal to magnanimity. I am here, therefore, to cheerfully submit to any penalty that can lawfully be inflicted upon me for what the Court has determined to be an offence, and what appears to me to be the highest duty of a citizen”. 

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The bench heard arguments from Senior Advocate Rajeev Dhawan and Senior Advocate Dushyant Dave appearing for Prashant Bhushan. Dave made a plea before the bench to defer the hearing on the sentencing till the time the review petition was filed by Bhushan challenging the order that had found him guilty for contempt. The Supreme Court rejected this request stating that sentencing was an important part of the judgement, but at the same time, the Supreme Court reassured Bhushan that no punishment awarded to him will be enforced until the review petition is considered and decided upon.

“You don’t need to worry, we will be fair to you even if you are not fair to us,” Justice Mishra told Bhushan.

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Bhushan in his statement had told the Supreme Court that he is dismayed with the fact that the Court has arrived at the conclusion of holding him guilty without providing any evidence of his motives to launch an attack. He further said that he finds it difficult to believe that his tweets would have the effect of destabilizing the very foundation of this important pillar of the Indian democracy.

Justice Mishra, on the other hand, explained to Bhushan that there was a lakshman rekha that everyone had to abide by, especially lawyers while talking of judges.

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“In my entire career as a judge, I have never found anyone guilty of contempt,” Justice Mishra told Bhushan. He also stated “we do not enjoy punishing individuals. The purpose of sentencing is mainly deterrence. Mistakes can be committed by anyone but the person must realise that and admit to it”.

The Court ultimately gave a few days time to Bhushan to reconsider the statement submitted by him and consider issuing an apology. Bhushan told the Court that he would consult his lawyers but it was “unlikely” that he would reconsider his statement.

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