The Supreme Court will continue hearing today (i.e. August 25, Tuesday) the case of Advocate Prashant Bhushan, a lawyer convicted of criminal contempt, and will consider the statement that Bhushan had filed yesterday (i.e. August 24, Monday). The verdict in the case is likely today as well after the Supreme Court continues hearing the case on this day.
In his written submissions to the Supreme Court yesterday, Bhushan had said that there should not be any attempt to coerce him into making an apology and asked the court to recall its August 14 judgment holding him guilty of contempt of court as similar statements were made by retired judges and others.
Bhushan said, "In the present controversy, similar comments were made by Justices Lokur, Kurian Joseph, A.P. Shah, Arun Shourie and others in the public domain and were reported by the newspapers and TV. It would follow that they were all in contempt."
"There should not be any attempt to coerce the contemnor into making an apology on the basis that nothing else would be acceptable," added Bhushan.
Case over Advocate Prashant Bhushan's tweets
Bhushan was held guilty of contempt of court for two of his tweets, the first one posted on June 29, related to his comment/post on a picture of CJI Bobde on a high-end bike. In his second tweet, Bhushan expressed his opinion on the role of last four CJIs amid the state of affairs in the country.
The written submissions were made by senior advocate Rajeev Dhavan on the sentencing of Bhushan in the contempt case.
"Therefore I expressed myself in good faith, not to malign the Supreme Court or any particular Chief Justice, but to offer constructive criticism so that the court can arrest any drift away from its long-standing role as a guardian of the Constitution and custodian of peoples` rights," he said.
The senior lawyer said that his tweets represented this bonafide belief that he continues to hold and added that the public expression of these beliefs was in line with his higher obligations as a citizen and a loyal officer of the court."Therefore, an apology for expression of these beliefs, conditional or unconditional, would be insincere.
An apology cannot be a mere incantation and an apology has to, as the court has itself put it, be sincerely made," Bhushan said.
Bhushan insisted that his comments were opinions made in good faith founded on true facts and similar opinions were expressed before as demonstrated by Attorney General K.K. Venugopal.
August 24 - The last date to file apology
On August 20, the Supreme Court gave Bhushan time till August 24 to submit an unconditional apology and asked him to reconsider his defiant statement declining to apologise for his derogatory tweets against the judiciary.
A bench comprising Justices Arun Mishra, B.R. Gavai and Krishna Murari said, "Appeal filed against the Registrar`s order is dismissed. Arguments have been heard in the main matter on sentencing. Order reserved. We have given time to the contemnor (Bhushan) to submit an unconditional apology if he so desires. Let it be filed by August 24. In case apology is submitted, the case to be posted for consideration on the same on August 25."
Attorney General Venugopal urged the apex court that convicting Bhushan in a contempt case was alright, but "do not punish him".
The bench replied to Venugopal that the tone, tenor and content of Bhushan`s statement made it worse, saying, "Is it defence or aggravation, you as A-G consider it."
Venugopal clarified that he was not speaking on behalf of the Government of India but had responded to the notice issued to the Constitutional office of the Attorney General of India.
He insisted, "I make the request to your lordships not to punish him."
The top court said a person should realise his mistake from the core of this heart.
(With agency inputs)
