Rohit Pradhan
For the tweet made by the activist Lawyer Prashant Bhushan, Supreme Court held him liable for the Contempt against the Judiciary and the Chief Justice of India (CJI)
Who passed this Order?
The bench comprising of Justices Arun Mishra, BR Gavai and Krishna Murari passed this order today holding Prashant Bhushan liable for the offence of Contempt for his derogatory tweet.
What would be the Punishment?
The Court hasn’t yet decided the quantum of the punishment. The hearing for the same shall be done on 20th August 2020.
What was the Case?
A notice was issued to the Advocate Prashant Bhushan by the Hon’ble Supreme Court for his tweet charging him for the Contempt proceeding stating that his statement prima facie “brought the administration of justice in disrepute’.
What was his reply?
Prashant Bhushan said that his opinion or expression might be outspoken, disagreeable or unpalatable to some but it is not a contempt of the Court. He referred to Article 19(1)(a) of the Constitution and said that his right to expression is protected by Part III of the Constitution.
On August 5, Prashant Bhushan pleaded that his statement was against the personal conduct of the Judges and he nowhere had this intention of blocking the judicial administration in any manner howsoever.
What was the Contention of Advocate Dushyant Dave?
Advocate Dushyant Dave who was arguing on the behalf of Advocate Prashant Bhushan contended that the tweets weren’t against the Judiciary but was against the personal conduct of the Judge. The statement made by Mr Prashant Bhushan is not malicious and is not obstructing the Judicial administration.
He pleaded that Prashant Bhushan’s contribution to the Judiciary should be credited and at least 50 Judgments should be his credit which evolved the Indian Jurisprudence. A case like 2G Scam, coal block allocation and the mining matters can be taken for example.
What was the Tweet… again?
Following was tweet made by Advocate Prashant Bhusan:
CJI RIDES A 50 Lakh motorcycle belonging to a BJP leader at Raj Bhavan Nagpur, without a mask or helmet, at a time when he keeps the SC in Lockdown mode denying citizens their fundamental right to access Justice!
After the Supreme Court issued the notice, Twitter withheld the tweet made by Prashant Bhushan.
Any question put up in the plea?
The plea filed by Prashant Bhusan also questions the sudden listing of 11 years old contempt matter which was pending against Prashant Bhushan. The court cleared the air by replying, that the matter was taken on merit. The said 2009 contempt case is related to a statement given by Prashant Bushan to Tehelka Magazine.
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