The Supreme Court on Tuesday reserved its order on the plea of advocate Prashant Bhushan that the contempt proceedings against him are not in accordance with the apex court rules.
Bhushan is facing contempt charges for allegedly accusing Justice S.H. Kapadia of judicial impropriety by hearing a case related to Sterlite industries in which he owns shares. Bhushan’s views were part of an article published in monthly magazine, Tehelka.
A senior advocate, assisting the special forest bench headed by Chief Justice K G Balakrishnan, had moved the application following which the proceedings began against him.
A bench headed by Justice Altamas Kabir said it would deliver its verdict in July after senior counsel Ram Jethmalani challenged the application’s maintainability. Jethmalani began his arguments after the bench asked him whether he wanted to tender an unconditional apology.
As the bench took up the matter for hearing, Salve recalled that during the last hearing Jethmalani had told the court that he, along with Bhushan, held Justice Kapadia in the highest esteem.
Salve termed the submission as a “positive sign”, and said it appeared that the contentious matter appeared to be heading to resolution and reconciliation. But, when the bench asked Jethmalani whether he was tendering an apology, the senior advocate skirted the question.
He referred to an earlier SC judgment that had laid out various procedures for raising a contempt to court plea. Jethmalani contended that the plea raised by Salve was not worth listening to and needed to be dismissed as it suffered from several procedural lapses.