Prashant Bhushan refused to apologise for his statement but offered an explanation to the court.(Arvind Yadav/HT Photo)
Prashant Bhushan refused to apologise for his statement but offered an explanation to the court.(Arvind Yadav/HT Photo)

Prashant Bhushan files response in 2009 case

In his 2009 interview, Prashant Bhushan claimed half of the past 16 CJIs were corrupt.
By HT Correspondent | Hindustan Times, New Delhi
UPDATED ON AUG 17, 2020 01:12 AM IST

Allegations of corruption against judges do not automatically amount to contempt of court if the person making the allegations invokes truth as a defence, advocate Prashant Bhushan told the Supreme Court (SC) on Sunday in written submissions for a 2009 contempt-of-court case.

Truth is a valid legal defence in contempt cases as laid down by the SC in its earlier judgments and a person cannot be held guilty for contempt “per se” if he invokes truth as a defence, Bhushan said in his submissions in the case invoked against him for calling past Chief Justices of India (CJI) corrupt in a 2009 interview to Tehelka magazine.

“When such defense (of truth) is invoked, to hold the alleged contemnor guilty of contempt, the court will have to necessarily return a finding that such defence is not in public interest and that the request for invoking such defence is not bona-fide (in good faith),” Bhushan submitted.

In his submissions on Sunday, Bhushan referred to the 2014 judgment of the SC in Subramanian Swamy v. Arun Shourie in which the apex court recognized truth as a valid defence in a contempt case against then editor of Indian Express, Shourie, for an editorial published in 1990 about a sitting SC judge.

In his 2009 interview, Bhushan claimed half of the past 16 CJIs were corrupt. Senior advocate Harish Salve brought this statement to the attention of the court, based on which contempt action was initiated against him in November 2009.

The case was listed by the top court on July 24 more than eight years after it was last heard. Bhushan refused to apologise for his statement but offered an explanation to the court. A three-judge bench headed by justice Arun Mishra, on August 10, rejected Bhushan’s explanation and decided to proceed with the case and hear it in detail. The case is slated to be heard on Monday. Tarun Tejpal, who was then editor of Tehelka magazine, is also a contemnor in the case.

Bhushan also pointed out that corruption in the judiciary was highlighted in Parliamentary Committee reports on prevention of corruption and was also commented upon by former SC judges.

Former Chief Justice of India Justice SP Bharucha is reported to have remarked that 20 percent of the Judges were corrupt. When a lawyer filed a petition in the Rajasthan high court praying that either Justice Bharucha be asked to give names of corrupt judges or contempt action be initiated against him, the high court dismissed the case,” it was submitted.

The submission came days after the SC held the activist lawyer guilty of criminal contempt of court, in another case, for two tweets, one criticising CJI SA Bobde and the other raising questions about the conduct of former CJIs and the court. The tweets were based on distorted facts and have the effect of destabilising the foundation of the Indian judiciary, the SC ruled.

SHARE THIS ARTICLE ON
app
Close
On January 4 Amazon Prime Video released the Tandav trailer.(File photo)
On January 4 Amazon Prime Video released the Tandav trailer.(File photo)

BJP files complaint against Tandav web series for hurting religious sentiments

ANI, Mumbai
PUBLISHED ON JAN 17, 2021 04:03 PM IST
BJP leader Ram Kadam said that he has filed a complaint at Mumbai's Ghatkopar Police Station against Saif Ali Khan's latest web series 'Tandav'.
Close
The farm unions had raised the issue of NIA summoning those who have supported agitation with three Union ministers during the talks.(PTI)
The farm unions had raised the issue of NIA summoning those who have supported agitation with three Union ministers during the talks.(PTI)

Govt using NIA to harass us with notices, nobody will appear before NIA

By Zia Haq, New Delhi
PUBLISHED ON JAN 17, 2021 03:52 PM IST
The NIA has summoned over two dozen people in a case related to an organisation called Sikhs for Justice.
Close
Union Agriculture Minister Narendra Singh Tomar addresses a press conference after meeting with Farmers Union leaders on farm laws, at Vigyan Bhawan in New Delhi on Friday. Union Ministers Piyush Goyal and Som Prakash also present. (ANI Photo)
Union Agriculture Minister Narendra Singh Tomar addresses a press conference after meeting with Farmers Union leaders on farm laws, at Vigyan Bhawan in New Delhi on Friday. Union Ministers Piyush Goyal and Som Prakash also present. (ANI Photo)

Govt willing to address farmers' apprehensions, says agriculture minister

ANI
PUBLISHED ON JAN 17, 2021 03:46 PM IST
The agriculture minister reiterated that the government is ready to bring amendments in the laws, and added that laws are enacted for the whole country and many people in the country are happy with the laws.
Close
The company had also issued a statement to its users asking them to export their chats from the platform by 11:59pm on January 14, 2021.(FIle photo)
The company had also issued a statement to its users asking them to export their chats from the platform by 11:59pm on January 14, 2021.(FIle photo)

Hike StickerChat shuts down. Here's all you need to know

By hindustantimes.com | Edited by Deepali Sharma, Hindustan Times, New Delhi
PUBLISHED ON JAN 17, 2021 03:45 PM IST
The news of its shutdown comes amidst the privacy row concerning WhatsApp that has driven users to other apps.
Close
The livelihood of people who are dependent on the Taj Mahal has also hit hard.(PTI)
The livelihood of people who are dependent on the Taj Mahal has also hit hard.(PTI)

Footfall to Taj Mahal dropped by 76 pc in 2020 due to Covid-19 situation

ANI, Agra
PUBLISHED ON JAN 17, 2021 03:37 PM IST
The international tourism one of the 'Wonders of the World', Taj Mahal, has dropped down to less than one per cent in the year 2020 due to worldwide Covid situation.
Close
The ambu-bikes are equipped with kits, three beacons - two in front, one at the rear - a a siren and a GPS-enabled tablet.(Sonu Mehta/HT Photo)
The ambu-bikes are equipped with kits, three beacons - two in front, one at the rear - a a siren and a GPS-enabled tablet.(Sonu Mehta/HT Photo)

Bike ambulance developed by CRPF, DRDO set to launch tomorrow

ANI, New Delhi
PUBLISHED ON JAN 17, 2021 03:23 PM IST
The bike has been developed after the CRPF noticed a need for such bikes to reach fast to the narrow roads in tensed areas, especially in the Naxalite zones.
Close
File photo of Prime Minister Narendra Modi and Nepal PM Khadga Prasad Sharma Oli.
File photo of Prime Minister Narendra Modi and Nepal PM Khadga Prasad Sharma Oli.

India gives Nepal 'iron clad' commitment on Covid-19 vaccine

Reported by Shishir Gupta
UPDATED ON JAN 17, 2021 02:57 PM IST
While Nepal PM Oli’s political detractors has painted foreign minister Pradeep Gyawali’s visit to India a damp squib, New Delhi found the visitor committed to cementing bilateral ties.
Close
Congress leader Randeep Surjewala speaks to media in this file photo in New Delhi.(ANI)
Congress leader Randeep Surjewala speaks to media in this file photo in New Delhi.(ANI)

With 4 queries and a jibe, Congress continues to question govt over vaccines

Written by Meenakshi Ray, New Delhi
PUBLISHED ON JAN 17, 2021 02:47 PM IST
The opposition party has been critical of the government with senior Congress leader Manish Tewari and Union health minister Harsh Vardhan sparring on Twitter on Saturday, the day Prime Minister Narendra Modi launched the country's mammoth inoculation drive.
Close
The Minister added that with the Supreme Court's intervention there is no point in farmers' demand about repealing the laws.((ANI Photo))
The Minister added that with the Supreme Court's intervention there is no point in farmers' demand about repealing the laws.((ANI Photo))

Govt willing to address apprehensions of protesting farmers: Agri minister

ANI
PUBLISHED ON JAN 17, 2021 02:37 PM IST
He reiterated that the government is ready to bring amendments in the laws, and added that laws are enacted for the whole country and many people in the country are happy with the laws.
Close
Prime Minister Narendra Modi was effusive in his praise of ADMK founder.(PTI photo)
Prime Minister Narendra Modi was effusive in his praise of ADMK founder.(PTI photo)

PM Modi pays tribute to MGR, inaugurates Chennai-Kevadiya train in election year

By Divya Chandrababu, Chennai
PUBLISHED ON JAN 17, 2021 02:25 PM IST
  • PM Narendra Modi had announced at a public meeting in March 2019 in state capital that the Chennai Central railway station would be renamed after MGR following a request by the AIADMK-led government.
Close
The flight was diverted to Bhopal and made an emergency landing due to technical reason, the director of Bhopal airport said.(REUTERS)
The flight was diverted to Bhopal and made an emergency landing due to technical reason, the director of Bhopal airport said.(REUTERS)

Kolkata-bound Indigo flight makes emergency landing in Bhopal

ANI
PUBLISHED ON JAN 17, 2021 02:17 PM IST
A Surat-Kolkata IndiGo airlines flight with 172 passengers on board made an emergency landing at Bhopal airport due to some technical issue, an official said on Sunday.
Close
Congress leader Randeep Surjewala speaks to media on 8th Dec Bharat Bandh, in New Delhi on Sunday. (ANI PHOTO)
Congress leader Randeep Surjewala speaks to media on 8th Dec Bharat Bandh, in New Delhi on Sunday. (ANI PHOTO)

Congress claims India is paying more for Covishield doses, opposes export plan

By hindustantimes.com | Edited by Poulomi Ghosh
UPDATED ON JAN 17, 2021 02:35 PM IST
The party on Sunday asked the Centre why Bharat Biotech's Covaxin costs more than Oxford vaccine, for which India is already paying more than other countries.
Close
Ram Janmabhoomi Teerth Kshetra General Secretary Champat Rai addresses a press conference, in Lucknow. (PTI)
Ram Janmabhoomi Teerth Kshetra General Secretary Champat Rai addresses a press conference, in Lucknow. (PTI)

Ram temple trust has received around 100 crore donation, says Champat Rai

ANI
PUBLISHED ON JAN 17, 2021 02:09 PM IST
The Shri Ram Janmbhoomi Teerth Kshetra trust is conducting a mass contact and contribution campaign for the construction of the grand temple in Ayodhya which began on January 15 and will go on till February 27.
Close
Children playing football on the frozen part of the Dal Lake during a cold winter morning in Srinagar.(PTI Photo)
Children playing football on the frozen part of the Dal Lake during a cold winter morning in Srinagar.(PTI Photo)

Jammu and Kashmir to get more snow due to Western Disturbance, says IMD

By HT Correspondent | Edited by Abhinav Sahay, Srinagar
PUBLISHED ON JAN 17, 2021 02:05 PM IST
  • The Kashmir valley has been reeling under intense cold, leading to the freezing of water bodies and snowed roads and fields.
Close
Amit Shah said the Narendra Modi government is committed to working for the welfare of the farmers.(ANI/Twitter)
Amit Shah said the Narendra Modi government is committed to working for the welfare of the farmers.(ANI/Twitter)

Shah to Cong: 'Why didn't you give 6,000 per year to farmers when in power?'

By hindustantimes.com | Edited by Susmita Pakrasi, New Delhi
UPDATED ON JAN 17, 2021 01:52 PM IST
On January 12, the Supreme Court stayed the implementation of the Centre's three farm laws and asked the committee formed by it concerning the laws to submit its report within two months.
Close
SHARE
Story Saved
OPEN APP