SC reserves verdict in Bhushan’s case
NEW DELHI: The Supreme Court, on Wednesday, reserved its verdict on the contempt case initiated against lawyer Prashant Bhushan for posting two tweets in June, one of which accused the judiciary of destroying democracy and the other criticised Chief Justice of India (CJI) SA Bobde for keeping the courts shut during the lockdown.
A three-judge bench headed by justice Arun Mishra heard Bhushan’s counsel, senior advocate Dushyant Dave, before reserving its order. “Heard the senior counsel appearing in the matter. Arguments concluded. Judgment reserved,” the bench, also comprising justices BR Gavai and Krishna Murari, said.
The apex court , on Tuesday, heard and reserved its verdict in another contempt case against Bhushan over a statement made in 2009 that many past CJIS had been corrupt.
The top court had issued notice suo motu (on its own) to Bhushan on July 22 over the two tweets and directed him to respond by Wednesday. The first tweet of June 27, which was reproduced in the court order of July 22, said: “When historians in the future look back at the last six years to see how democracy has been destroyed in India even without a formal Emergency, they will particularly mark the role of the SC in this destruction, and more particularly the role of the last four CJIS.”
The second tweet of June 29 referred to CJI Bobde. It was also cited in the order and said: “The CJI rides a Rs 50-lakh motorcycle belonging to a BJP leader at Raj Bhavan, Nagpur, without wearing a mask or helmet, at a time when he keeps the SC on lockdown mode denying citizens their fundamental right to access justice!”
Bhushan filed an affidavit on August 2, stating that his tweets fell within the domain of free speech and expression of opinion, however outspoken, disagreeable or unpalatable to some, cannot constitute contempt of court. Dave argued on Wednesday that Bhushan was exercising his freedom of speech and giving his opinion about the functioning of the court and that would not amount to obstruction of justice. “Neither of the tweets can be said to cause interference or obstruction to administration of justice,” Dave said.
With specific reference to the
June 27 tweet, Dave argued that it was not contemptuous but was only Bhushan’s opinion about the court which is widely held by many people.
Justice Arun Mishra said: “But it was not a criticism of any judgment of court , which is permissible. It is about the Supreme Court and four CJIS. It said that we have lost our independence.”
“The tweet is about the judicial approach adopted by the Supreme Court and the four CJIS,” Dave responded. Dave also made some critical submissions on the functioning of the court. “If judges can criticise the institution, then why not Mr Bhushan?,” he said in a veiled reference to the press conference held by four judges of the SC in January 2018 against the functioning of justice Dipak Misra, who was then the CJI.
RESERVATION