Bhushan apologises only for ‘no helmet’ remark, stands firm over 4 CJIs
Activist lawyer Prashant Bhushan on Monday told the Supreme Court that “expression of his opinion however outspoken, disagreeable or however unpalatable to some, can not constitute the contempt of court.”.
Mr Bhushan said this replying to notice issued to him on July 22, by the top court in a suo motu criminal contempt proceedings taking cognizance of his two tweets on June 27 and 29, 2020. Notice was also issued to Attorney General K.K.Venugopal and the California based tweeter company.
Defending his two tweets that were taken cognizance of by the top court for initiating suo motu contempt proceedings against him, Bhushan has cited several top court judgments including from overseas court and the views of eminent authorities on legal matters who have voiced concern over the “chilling effect of criminal contempt on the freedom of speech and expression.”
Mr Bhushan in his 142page reply affidavit says that his June 27, 2020, tweet on the role of four CJIs, present Chief Justice Sharad A. Bobde and three preceding him, is his bonafide impression about the functioning of the top court.
In an almost reiteration of July 27, tweet, Bhushan has said that he strongly believes that “democracy has been substantially destroyed during the last six years”; and “by its acts of commissions and omissions, the Supreme Court has allowed the emasculation of our democracy” and and “the role played by the last four CJIs has been very critical in this regard.”
“My tweets are nothing but a small attempt to discharge responsibility towards the future at the present juncture in the history of our republic. In this context and without prejudice, I would like to explain why I said what I did. Anyone may disagree with my views but that would not render my bonafide opinion to be contempt of court,” says the affidavit.