Contempt Proceedings against Prashant Bhushan: SC says Bhushan must apologize to the Institution

Bar & Bench News Network

Jul 14, 2011

Prashant Bhushan (pictured), noted civil liberties lawyer has agreed to spare not one but '10 words of regret' to Chief Justice of India S. H. Kapadia. He has agreed to sit with Supreme Court’s 'friend' and Senior Advocate Harish Salve to find a way out of the contempt proceedings he is facing after he alleged in an interview to Tehelka magazine that eight of the last 16 Chief Justices of India were corrupt.

 

Harish Salve had initiated contempt proceedings against Bhushan on the ground that in an interview with Tehelka, Bhushan had made certain statements regarding then Supreme Court Justice Kapadia’s interest in a matter relating to Sterlite Industries, allegedly implying judicial impropriety in Justice Kapadia’s behaviour.

 

According to media reports, Bhushan did clarify before a Special three-judge bench led by Justice Altamas Kabir that his remarks against CJI Kapadia was “misconstrued”. Bhushan, however, had refused the court’s suggestion in December 2010 to apologise for the alleged remarks and close the chapter on the contempt proceedings in the Supreme Court.

 

The former Law Minister, Shanti Bhushan also intervened in the matter and told the Court that he would rather face imprisonment than apologise for levelling corruption charges against the higher echelons of the Indian judiciary. Although, the Supreme Court had already brushed aside his application to be impleaded as a party in the contempt proceedings pending against Prashant Bhushan.

 

Prashant Bhushan had filed a supplementary affidavit in September 2010, in the contempt petition. In the affidavit the Senior Advocate gave ‘evidence’ which in his opinion proved the corruption charges levied by him. Most of the ‘evidence’ was in the form of inferences drawn from judgements and statements regarding the houses, lands and other amenities that had been accorded to the judges who were part of the bench deciding these cases.

 

However, in the affidavit Prashant Bhushan did make it clear that when he called into question current CJI S.H. Kapadia’s involvement in the Vedanta matter, he was not referring to the financial integrity of the CJI but merely that the judgement passed by him was questionable since he held Vedanta shares.

 

In yesterday’s hearing before the Supreme Court Senior Advocate Ram Jethmalani appearing on behalf of Bhushan chose to open the session with a rather mellow remark that “there was so much embarrassing material in circulation”, prompting Justice Kabir to cut in and remind him that all the Supreme Court had ever wanted from Bhushan was a word of apology, according to Indian Express.

 

Justice Kabir said, “The apology is for the institution (Supreme Court) and not for ourselves”.

 

The Bench observed that “what you (Bhushan) have said, you have said, but this should stop here”. Referring to Bhushan’s defence of truth as a justification for his remarks, the Court said there was no need to delve into any details of the contempt case against the lawyer and “one word of regret” would do.

 

The next date of hearing is September 6, 2011. Till then we have to see if the legal luminaries can reach a solution to end this saga which has been going on for almost two years.

 

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Comments(10)
  • 1. "Well, if you go through the petition, you can notice that there are some very glaring aspects of judicial impropriety stated by the petitioner. Nevertheless, it does go beyond the acceptable norms of criticizm of the institution and therefore the contempt issued by the court looks fair enough to atleast command an apology from the petitioner. ". Zorawar Singh, Ashok Road, New Delhi
  • 2. "@ Zorawar Singh: Do you mean to say that criticism should be only on the legal actions of judges, and not on their illegal actions / ommissions? So if some judge has been corrupt, and you criticize it, that goes "beyond the acceptable norms of criticizm" - what are these norms? Criticize the law abiding judges but don't speak against the corrupt ones??". VebK, New Delhi
  • 3. "Looking in to the well-known corrupt practices adopted by some of the retired CJI's like K. G. Balakrishnan and ......... the Bhushans---who have more than once proven their true legal luminosity----are no where wrong in highlighting the misdemeanors of certain CJI's. By coercing them to tender a wanton apology would certainly prove counterproductive. The U. S. Supreme Court says that judges who deliberately do not report the criminal activities of other judges they also become principals in the same criminal activity (18 U.S.C. Section 1 ). About two-and-half centuries ago, a young English poet, Charles Churchill [ who had died at the prime age of 33, in 1764 ] had aptly said :WITHIN THE BRAIN’S MOST SECRET CELLSA CERTAIN LORD CHIEF JUSTICE DWELLS, OF SOVEREIGN POWER, WHOM, ONE AND ALL, WITH COMMON VOICE WE REASON CALL.Why don't the judges of SC see the true REASON which Bhushans have tried to flash for the benefit of the Indian judiciary.". Dr. Gurdeep Singh, (Unknown City?)
  • 4. "If Prashant Bhushan had loudly said that every Indian Prime Minister (past and present) is corrupt, every Indian politician is corrupt, and if the government had taken action, the so called civil society and the courts would have said its an infringement of his right to speak.But if he claims judges are corrupt, then contempt proceedings are initiated. I guess the judiciary is above law itself.". Who Judges The Judges, Mumbai
  • 5. "It is yet to be seen what exactly Prashant Bhushan says in regret if at all. Regret is not necessarily an apology. It may well mean merely that he regrets the acrimony and bad vibes that got created but he is not taking back his corruption allegations. ". Lohit Ganguly, New Delhi
  • 6. "Defaming institution (Hon'ble Supreme Court) may not be the intention. Whereas the corruption of few of the judges is well known to public. When allegation against individuals is known there is no question of apology.". Dr. Sadachari Singh Tomar, New Delhi
  • 7. "Sr. Adv. Prashant Bhushan courageously said the prevalent Corrupt Practices which are also known to many Senoir Advocates, but for unknown reason all others remain silent or they choose not to become Black SHEEP in the eyes of SC Judges. Although, It is in the interest of all CITIZENS that Prashant Bhushan acted as Whistle Blower, no one SUPPORTING his case. But now gradually others are also Joining. It is a good sign. Happy Ganesh Chaturthi, Eid Mubarak and Michhami Dukadam to all Readers. V H Patel - Mumbai ". VIJAY PATEL, (Unknown City?) MUMBAI
  • 8. "Prashant Bhushan has proved that he has completely lost [edit] being a lawyer raising questions on judiciary and making vague remarks is his nature. This was well proved by the recent remark made by him regarding kashmir.". Ashok Lal, (Unknown City?)
  • 9. "if a contemptnor has filed affidavit.. I feel judge must also file affidavit denying the statement by prasant and saying the truth. lets then see if cannons of justice permit the same. well many contempts happen and the judges ignore it... its only when its an attack on CJI someone has taken action..". Siddharth Murarka, Mumbai
  • 10. "if a contemptnor has filed affidavit.. I feel judge must also file affidavit denying the statement by prasant and saying the truth. lets then see if cannons of justice permit the same. well many contempts happen and the judges ignore it... its only when its an attack on CJI someone has taken action". Siddharth Murarka, Mumbai
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