TOP COURT FINES BHUSHAN ₹1 FOR TWEETS OF ‘CONTEMPT’
Quantum of punishment small, but judgment comes down heavily on the activist-lawyer
NEW DELHI: The Supreme Court on Monday ordered advocate Prashant Bhushan to pay a fine of one rupee for criminal contempt of court, observing that his refusal to express remorse reflected his ego and obstinacy and his offensive tweets should not go unpunished because that would send a wrong message. Bhushan agreed to pay the fine.
Bhushan’s two tweets in June, one against the Supreme Court and other against CJI SA Bobde, had led to suo motu contempt of court action against him.
“We are not afraid of sentencing the contemnor (Bhushan)... At the same time, we cannot retaliate merely because the contemnor has made a statement that he is neither invoking the magnanimity or the mercy of this Court,” the court said.
NEW DELHI: The Supreme Court on Monday ordered advocate Prashant Bhushan to pay a fine of one rupee for criminal contempt of court, observing that his refusal to express remorse reflected his “ego” and “obstinacy”, and his “offensive” tweets should not go unpunished because that would send a wrong message to lawyers and litigants. Bhushan agreed to pay.
While the Bhushan camp considered the nominal fine a victory in the perception battle, the order passed by the three-judge bench headed by justice Arun Mishra reflected a different tenor as it reiterated August 14 judgment by which it found Bhushan guilty.
“We are not afraid of sentencing the contemnor (Bhushan) either with imprisonment or from debarring him from practice. His conduct reflects adamance and ego, which has no place to exist in the system of administration of justice and in a noble profession, and no remorse is shown for the harm done to the institution to which he belongs. At the same time, we cannot retaliate merely because the contemnor has made a statement that he is neither invoking the magnanimity or the mercy of this Court,” the court said.
It ordered Bhushan to deposit the fine of ₹1 with the SC registry before September 15. If he fails to comply, Bhushan will have to undergo imprisonment of three months and be debarred from practising before SC for 3 years.
In a statement at 4pm, Bhushan said while he will pay the fine, he will explore other legal remedies available to him.
“While I reserve the right to seek a review of the conviction and sentencing by way of an appropriate legal remedy, I propose to submit myself to this order and will respectfully pay the fine, just as I would have submitted to any other lawful punishment,” the statement read.
Bhushan said it was heartening for him that the case became a watershed moment for freedom of speech and maintained that his tweets were not intended to disrespect the SC or the judiciary. “Every Indian wants a strong and independent judiciary. Obviously if the courts get weakened, it weakens the republic and harms every citizen.”
The bench, however, said that, in it its view, “the act committed by the contemnor is a very serious one.”
“He has attempted to denigrate the reputation of the institution of administration of justice of which he himself is a part. At the cost of repetition, we have to state that the faith of the citizens of the country in the institution of justice is the foundation for rule of law which is an essential factor in the democratic set up,” the bench, which also comprised justices BR Gavai and Krishna Murari, said.
Bhushan’s two tweets, one against the SC on June 27 and other against Chief Justice of India (CJI) SA Bobde on June 29, had led to suo motu (on its own motion) contempt of court action against him.
The court found Bhushan guilty of criminal contempt on August 14 and held a separate hearing on August 20 and 25 to determine the sentence to be awarded to him. It then reserved its verdict on sentencing.
The court maintained in the verdict that while free speech under Article 19 of the Constitution allows fair criticism of courts and judges, it cannot be stretched beyond a limit to allow malicious and scandalous statements.