Published 18:54 IST, September 14th 2020
Prashant Bhushan objects to Justice Arun Mishra-led bench; files review in contempt case
Filing for review against his contempt conviction, senior adv Prashant Bhushan on Monday, maintained that Justice Arun Mishra's presence raised apprehension
Filing for review against his contempt conviction, senior advocate Prashant Bhushan on Monday, maintained that Justice Arun Mishra's presence raised a 'reasonable apprehension' for getting a 'fair and impartial hearing'. Bhushan, who seeks a larger and different bench to re-hear his contempt case, deposited his Re-1 fine in the Supreme Court earlier in the day. Maintaining that his payment of the fine did not indicate his acceptance of the SC verdict, Bhushan filed the review petition via Advocate Kamini Jaiswal. With Justice Mishra retiring on September 2, a different bench will be constituted.
Prashant Bhushan: 'Justice Arun Mishra should not have heard contempt case'
Maintaining that his contempt case should not have been heard by a bench comprising of Justice Arun Mishra, Bhushan narrated several instances suggesting impartiality from Justice Mishra's behalf. Recalling that Justice Mishra had accused Bhushan of contempt when he had mentioned that it may be inappropriate for a particular judge to hear a particular case in circumstances where conflict of interest was involved, Bhushan sought an "intra-court appeal". He also condemned the fact that the verdict was passed without hearing Attorney General KK Venugopal's statements.
SC: Pay Re 1 or 3-month jail & 3-yr disbarment
On August 31, the apex court's 3-judge Bench in its judgment sentenced Bhushan to pay a fine of 1 Rupee by September 15 or face three months in prison and three-year disbarment from practising in the Supreme Court - in case of non-payment. The bench had also criticised Bhushan’s actions during the pendency of the contempt case against him stating that he had tried to interfere with the ongoing judicial process by releasing his statements in the press even before they were filed before the top court. Bhushan accepted the fine and said that the contempt case was a watershed moment for 'freedom of speech'.
SC holds Bhushan guilty
On 14 August, the SC had held Bhushan guilty of contempt of court for posting tweets to malign the image of the judiciary, after taking suo-moto cognizance of the same. Maintaining that Bhushan's tweet commenting on CJI SA Bobde's photo on a motorcycle in Nagpur and alleging the 'SC is under lockdown' was factually incorrect and could 'shake the confidence' of the public. Observing on Bhushan's second tweet alleging the SC and the previous four CJI's role in the 'destruction of Indian democracy in the past 6 years', the SC said that the criticism is not against a particular judge but the institution of the Supreme Court and the institution of the CJI.
Updated 19:21 IST, September 14th 2020