Published 11:46 IST, August 14th 2020
Prashant Bhushan held guilty for contempt of court by SC for tweets against CJI, judiciary
In a big development, the Supreme Court on Friday held advocate Prashant Bhushan guilty of contempt of court in the suo moto contempt plea against him.
In a big development, the Supreme Court on Friday held advocate Prashant Bhushan guilty of contempt of court in the suo moto contempt plea against him. Pronouncing the 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 the hearing on the quantum of punishment will be held on August 20. The apex court had taken cognizance of Bhushan's tweets on the Chief Justice of India and his four predecessors.
In its judgment, the top court said that if a citizen exercises his right of fair criticism, the Court will be slow in exercising contempt and will show magnanimity. But when such a statement is calculated in order to malign the image of the judiciary, the Court would not remain a 'silent spectator.' The Court explained that when a statement is made against a judge as a judge, the Court is entitled to invoke contempt. The Court pulled Advocate Bhushan stating that his attack was dealt firmly because the impression that the 'SC is under lockdown' was factually incorrect. The top Court further said that making such a 'wild allegation' against the CJI and to hint that he is keeping the SC in lockdown mode is 'false, malicious and scandalous and has a tendency to 'shake the confidence' of the public at large in the judiciary.
On second tweet by BHushan, the top court said that the criticism is not against a particular judge but the institution of the Supreme Court and the institution of the CJI. The Court said that despite himself being a part, Advocate Bhushan indulged in making statements that brought 'disrepute to the institution of administration of justice.'
"Constitutional democracy stands in the bedrock of the rule of law. The trust, faith and confidence of the people in the judicial system is sine qua non (absolutely necessary) for existence of the of law. An attempt to shake the very foundation of constitutional democracy has to be dealt with an iron hand," the Supreme Court pointed out in its judgement.
'Capable of undermining the dignity': SC
While registering the suo motu proceedings in the matter, the apex court had observed that the tweets have brought the judiciary in 'disrepute' and are capable of undermining the dignity and authority of the court and the office of Chief Justice of India. The court had also issued a notice to the Attorney General and Prashant Bhushan as well.
"We are, prima facie, of the view that the aforesaid statements on Twitter have brought the administration of justice in disrepute and are capable of undermining the dignity and authority of the Institution of Supreme Court in general and the office of the Chief Justice of India in particular, in the eyes of the public at large," a three-judge bench headed by Justice Arun Mishra had observed. Additionally, the top Court had also directed Twitter Inc., California, USA to file a reply in the case.
Advocate Dushyant Dave appearing for Bhushan argued that his comments were warranted as there have been 'shortcomings' in the functioning of the judiciary. In a detailed reply to the top court, Dave on behalf of Bhushan said that expression of bona fide opinion about the Court cannot amount to contempt. However, the top court rejected the argument.
Updated 14:51 IST, August 14th 2020