Published 19:34 IST, August 14th 2020
'Malicious and intimidatory': SC slams Bhushan's tweets, holds him guilty of contempt
The Supreme Court sent across a stern message holding lawyer and activist Prashant Bhushan guilty of criminal contempt against the apex court for 2 tweets.
The Supreme Court on Friday sent across a stern message while defending the institution of the judiciary and holding lawyer and activist Prashant Bhushan guilty of criminal contempt against the Supreme Court of India for two tweets made by him in the recent past criticising four former and the incumbent Chief Justice of India. The three-judge bench of Justices Arun Mishra, B.R. Gavai, and Krishna Murari in a 108-page judgment clearly stated that anyone attempting to shake the confidence that the public at large has in the institution of the judiciary “would be dealt with firmly”.
The Supreme Court has delved into an analysis of both tweets dated June 27 and July 22 to determine whether they are mere criticism by Prashant Bhushan, as was claimed by him in the 143-page affidavit filed through his counsel or whether this was a malicious attack against the judiciary and the institution of the Supreme Court itself.
The bench in its judgment stated, “If a citizen exercises his right of fair criticism under Article 19(1) of the Constitution, 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 bench also went on to say, “When a statement is made against a judge as an individual, contempt jurisdiction would not be available. But when a statement is made against a judge as a judge, which has an adverse effect in the administration of justice, the Court would certainly be entitled to invoke contempt.”
Clarification by the apex court
The Supreme Court clarified the allegations raised by Bhushan in his tweet dated July 22 stating that the date on which the CJI is alleged to have taken a ride on the motorbike is during the summer vacation of the Supreme Court and during that time as well, the vacation benches of the Court were functioning.
“The impression that the Supreme Court is under lockdown is factually incorrect. Prashant Bhushan has himself appeared before the Supreme Court via video conferencing on a number of occasions. Not only that, even in his personal capacity he has approached the Supreme Court challenging an FIR that was filed against him in Gujarat where the Court had issued notice. To say that the Supreme Court is under lockdown is patently false,” the Supreme Court order states.
The bench went on to call Bhushan’s attack on the top court as “scandalous, malicious and intimidatory”. The court also stated in clear words that the Indian Constitutional democracy stands on the bedrock of the rule of law. The trust, faith, and confidence of the citizens of the country in the judicial system is absolutely essential to the rule of law. An attempt to shake the very foundation of constitutional democracy “has to be dealt with an iron hand”.
(Image credits: PTI)
Updated 19:34 IST, August 14th 2020