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SC issues notice to Prashant Bhushan in contempt case
New Delhi
New Delhi
The Supreme Court on Wednesday initiated contempt proceedings against lawyer Prashant Bhushan for accusing the judiciary of destroying democracy and keeping courts closed during the lockdown in two of his tweets in two tweets last month.
Issuing notice to Bhushan to respond by August 5, a three-judge bench headed by Justice Arun Mishra said, “We are, prima facie, of the view that the aforesaid statements on Twitter have brought the administration of justice into disrepute and are capable of undermining the dignity and authority of the Institution of Supreme Court in general and the office of the Chief Justice of India in particular, in the eyes of public at large.”
Twitter Inc. was also made a contemnor by the Court along with Bhushan. Senior advocate Sajan Poovayya, appearing for Twitter Inc told the Court that a tweet can be “disabled” only on a judicial order. “We are an independent platform unable to disable the tweet without an order from a Court.” When he asked the Court to pass an order to this effect, the bench, also comprising Justices BR Gavai and Krishna Murari said: “Why should we direct? On your own you should have done it.” Poovayya told the Court that he would consult with Twitter and respond by the next date. The Court has also issued notice to Attorney General KK Venugopal for assisting in this case.
Bhushan did not appear in court and was not represented by any lawyer. The Court order took note of the first tweet dated June 27, which was also carried in a national daily and the subsequent one on June 29, against which the Court received a petition for initiating contempt.
The first tweet said the last four chief justices of India had played a role in the destruction of democracy. The second tweet was aimed at current CJI SA Bobde. Captioning a picture showing CJI sitting on a bike, Bhushan’s tweet, now part of the order, said: “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!”
Against this tweet, the court received a petition filed by Mahek Maheshwari on July 9. The matter was taken up on the administrative side. The court found that the Attorney General’s consent as required under the 1975 Rules to Regulate Proceedings for Contempt of the Supreme Court was not obtained. It was then decided to take up the matter as a suo moto petition on the judicial side to “pass appropriate orders”. the order of the Court said.
This is the third contempt petition Bhushan will face. The first refers to a 2010 interview by Bhushan to Tehelka magazine alleging half of the previous 16 CJIs were corrupt. The hearing on this matter began in 2010 ; it was last heard in 2012. After a gap of eight years, this matter is listed for hearing on Friday before a bench headed by Justice Arun Mishra. Bhushan’s father and former Law Minister Shanti Bhushan intervened in this matter and filed a sealed cover giving instances of corruption against former CJIs.
Last year, in a tweet on February 1, 2019, Bhushan accused the Centre of misleading the court on the decision to appoint M Nageswara Rao as interim Director of Central Bureau of Investigation (CBI). Bhushan claimed that the High Powered Committee headed by Prime Minister Narendra Modi did not decide on Rao as told to the court by Attorney General. Although he has apologised for the tweet, two contempt petitions by the Attorney General and the Union of India are still pending.
