SC does not accept Bhushan’s regret, posts case for hearing
nNEWDELHI:THE Supreme Court on Monday refused to accept the regret expressed by lawyer Prashant Bhushan for calling past CJIS corrupt in a 2009 interview to Tehelka magazine and decided to proceed with the contempt case against him. Former Tehelka editor Tarun Tejpal is also a contemnor along with Bhushan.
The order passed by a bench of Justices Arun Mishra, BR Gavai and Krishna Murari said, “Before reaching to any finding whether the statement made (by Bhushan) as to “corruption” would per se amount to Contempt of Court, the matter is required to be heard.”
The order came pursuant to an in-camera hearing held by the bench on August 4. Senior advocate Rajiv Dhavan appeared for Bhushan while Tejpal was represented by senior advocate Kapil Sibal. After hearing concluded, the bench sitting in open court told Bhushan: “There is a thin line between free speech and conpecuniary tempt.” The judges were of the firm view that while freedom of speech has to be protected, the dignity of the institution should also be preserved. The bench told the lawyers appearing in the case that the institution of judiciary belongs equally to lawyers and judges, and both have a responsibility to preserve its grace.
At the end of the hearing, on August 4, Bhushan released a statement saying: “In my interview to Tehelka in 2009 I have used the word corruption in a wide sense meaning lack of propriety. I did not mean only financial corruption or deriving any advantage. If what I have said caused hurt to any of them or to their families in any way, I regret the same.” Tejpal offered an apology but Monday’s order did not reflect whether his apology has been accepted.
Bhushan in his interview claimed that half of the past 16 CJIS were corrupt. Senior advocate Harish Salve brought this statement to the attention of the Court based on which contempt action was initiated against him in November 2009.
Bhushan is not new to contempt. Fresh contempt notices were recently issued to him for his tweets of June 7 and June 29. In one of the tweets, he targeted the Chief Justice of India (CJI) SA Bobde. In the other tweet, he accused the judiciary of destroying democracy. There is yet another contempt petition pending against Bhushan since last year over his tweet where he accused Government of misleading the Court over the appointment of Acting CBI Director M Nageshwar Rao.
It has been raining on and off for the past few days, and the graves have gone mossy. The stoney ground is green and slippery, too. But this evening, the sky has suddenly cleared up and the setting sun has immersed half of these dozen graves into a funnel of golden glow. The remaining half is sheltered within a cocoon of damp darkness.
It might be one of the capital’s most beautiful cemeteries, and it is also very little known. You will rarely locate it in guidebooks though it is easily accessible, tucked within Deer Park in south Delhi.
The graveyard is sandwiched between a Lodhi-era dome called Bagh-i-alam and a ruined wall-mosque from the same period, circa 15th century. In fact, the graves almost seem to be a part of the mosque. They are within a few steps of the mosque’s Meccafacing mihrab (niche), making one wonder the city you should see just where the devotees of the old times would find a space to gather and offer prayers. Perhaps the graves came up long after the mosque fell into disuse.
The graveyard too has fallen out of use.
Today, this place feels like an abandoned courtyard that happens to be littered with forgotten tombs.
A fallen tree is covering a part of the mosque, its densely leaved branches reaching over to a few graves. A black dog is sleeping beside a gravestone, half smothered by tree leaves and wild overgrown grass. Sometimes rustling sounds are suddenly emerging from within this impenetrable greens. Can there be snakes?
The fear, the anticipation of unseen life has cloaked the space with thrill and suspense, and also with a sense of remoteness, as if you had strayed far from the assured bustle of city life (though Safdarjung Enclave is just a