I do not ask for mercy: Bhushan

SC asks him to relent; A-G says don’t punish him; Prashant quotes Mahatma, stands by his remarks

Quoting a statement made by Mahatma Gandhi to a court in the British era, senior lawyer Prashant Bhushan on Thursday refused to apologise to the Supreme Court for his two tweets, which a three-judge bench found to be contemptuous.

“I did not tweet in a fit of absence mindedness. It would be insincere and contemptuous on my part to offer an apology for the tweets that expressed what was and continues to be my bonafide belief. Therefore, I can only humbly paraphrase what the father of the nation Mahatma Gandhi had said in his trial: 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,” Bhushan told a bench comprising Justice Arun Mishra, Justice B.R. Gavai and Justice Krishna Murari.

Bhushan was held guilty of criminal contempt for his two derogatory tweets against the judiciary on August 14 and faces simple imprisonment of up to six months or with a fine of up to `2,000 or with both as punishment. Attorney General of India K.K. Venugopal, however, told the Supreme Court that the contempt proceedings against Mr Bhushan should rest with the court holding him guilty of criminal contempt and pleaded that he should not be punished.

However, the AG’s plea was declined as the court said “the way he (Mr Bhushan) has worded his statement, we cannot accept your argument. We are giving him time to consider” modification of his statement.

The hearing saw Justice Mishra repeatedly telling Bhushan to consider and make modifications in his statement that he had read out to the court but the senior lawyer appeared unrelenting and stood his ground.

On being repeatedly asked by the court to modify his statement, Bhushan said, “I will consider and discuss with my lawyers”.

Justice Mishra pointed to maintaining a “balance” while saying anything critical of the court and not cross the Lakshman rekha.

Senior counsel Rajeev Dhavan, representing Mr Bhushan, said Lakshman Rekha also applies to judicial restraint.

Dhavan wondered if all the five former judges of the Supreme Court who have supported Bhushan’s statement too are guilty of contempt as under contempt law those repeating or enduring a statement that is held to be contemptuous too are also guilty.

Earlier, senior counsel Dushyant Dave also appearing for Bhushan urged the court to defer the hearing as he (Bhushan) has to file a plea seeking review of the judgment and that under the court rules he has 30 days time to do so.

The bench, however, refused the plea as it felt that it was a way to avoid Justice Mishra who is retiring on September 2.

Justice Mishra told Dave that no judgment convicting a person is complete without sentencing and that it would not be right for any judge that the question of sentencing going to any other bench.

Justice Mishra, however, said, “Even if we decide on his punishment, it will not be activate till review is decided.”

An order on the Supreme Court website posted late Thursday evening, while reserving the order on sentencing of Bhushan after being held guilty of criminal contempt, says, “We have given time to the contemnor to submit unconditional apology, if he so desires. Let it be filed by 24.08.2020. In case, apology is submitted, the case to be posted for consideration on the same on 25.08.2020.”