Bhushan seeks right to appeal in contempt ruling
NEW DELHI: There is a chance of “arbitrary, vengeful, and high-handed decisions” in contempt cases where the apex court is the aggrieved party, but also the “prosecutor, the witness, and the judge,” raising the fear of bias, lawyer and activist Prashant Bhushan said in a plea filed Saturday, seeking the right of appeal for himself and for others convicted in original contempt cases.
Bhushan was convicted and on August 31 fined Re 1 for his tweets against the judiciary which were deemed contempt by the apex court.
The plea, filed by lawyer Kamini Jaiswal, sought that a person thus convicted could appeal and be heard by a “larger and different” bench of the court.
While Bhushan has said the right to appeal against conviction comes under Article 21 (right to life and personal liberty), and that it flows from the principle of natural justice, the procedural change being sought will also pave the way for him to appeal his conviction in the contempt case.
Original criminal contempt cases are those which are heard directly by the Supreme Court in the first instance.
In such cases, if a person is convicted, he or she is left with no further remedy as the Supreme Court is the highest court in the country.
Bhushan has prayed that in such a case, the convicted person should get the right to an intra-court appeal, i.e. a larger bench of the Supreme Court — different from the bench which convicted the concerned person — should hear an appeal against such a conviction.
“The right to appeal against conviction in original criminal cases is a substantive right under Article 21 and flows from principles of natural justice. The absence of such a right thus violates (right to life under) Article 21,” the plea said.
Moreover, contempt proceedings are one in which the injured party is the Supreme Court itself and it acts as the prosecutor, the witness and the judge, thereby raising fear of inherent bias, the petition said. Thus, there is a need for intracourt appeal, it added.
If an intra-court appeal cannot be allowed, review petitions filed against orders of conviction by Supreme Court in original criminal contempt cases should be heard in open court by a different bench, Bhushan prayed.
The Supreme Court recently held Bhushan guilty of criminal contempt for his tweets criticising the Supreme Court and Chief Justice of India SA Bobde. The court had on August 31 imposed a token fine of Re 1 as a punishment.
Another contempt case against Bhushan, initiated by the top court in 2009 for his remarks that some past Chief Justices of India were corrupt, is also pending before the apex court.