Bar&Bench News Network
The Supreme Court on Friday allowed a plea by Senior Counsel Harish Salve (pictured, right) to initiate contempt proceedings against noted civil liberties lawyer, Prashant Bhushan (pictured, left). In an interview with the weekly Tehelka, he had made certain statements regarding Supreme Court Justice Kapadia's interest in a matter relating to Sterlite Industries, allegedly implying judicial impropriety in Justice Kapadia's behavior. Salve, who acted as amicus curiae on the matter, felt that such careless comments by a member of the Bar was "regrettable", and requested permission to file a petition for contempt against Bhushan.
Prashant Bhushan has been one of the strongest voices in the movement for judicial accountability, and is spearheading the campaign for public declaration of Judges' assets. In the interview, he had stated that Justice Kapadia heard a matter involving Vedanta Sterlite, despite owning shares in the company. However, the matter was subsequently clarified in a letter to the magazine by Senior Counsel U.U. Lalit, one of the counsels in the case, who made it plain that Justice Kapadia had made a full disclosure before starting proceedings on the matter, and asked if any of the parties had an objection to his adjudicating on the matter. When none of the parties raised an objection, Justice Kapadia continued to preside over the proceedings.
Salve has stated that he will refrain from filing the petition if Prashant Bhushan offers a sincere apology for misrepresenting the facts to the media.
Prashant Bhushan, undaunted, continued his campaign for judicial accountability by calling for the impeachment of Justice Dinakaran. Speaking at a seminar on 'Appointment and retirement of Judges' organised by the Karnataka Forum for Judicial Accountability, (KFJA), he stated that the committee appointed by the CJI to probe into the allegations against Justice Dinakaran was against the Judges Inquiry Act and would not be able to achieve its end. He claimed that there was documentary evidence of Dinakaran's disproportionate wealth and land holdings, and evidence of misuse of judicial office, and added, "The only option left is impeaching him by getting sufficient signatures from the members of the Lok Sabha and the Rajya Sabha."
|
- 1. "Sucking up to the judges. Salve really needs that?". Janardhan, Delhi
- 2. "While it is imperative to know what Bhushan has actually said, Salve's action is weakening the reform cause. Salve doesnt need to initiate contempt in order to teach discipline to Bhushan. Whatever may be Salve's motives, propriety and common sense demands that Kapadia ought to have recused himself, the moment he realised that he had a conflict of interests. To claim that he had consensual jurisdiction is a mockery of justice, a bad precedent and an audacious claim which deserves severe condemnation. Hail Prashant Bhushan.". Manikandan Vathan Chettiar, Chennai
- 3. "I feel that Mr.Salve ought not have acted as amicus curiae when another senior cousnel is fighting for reforms in the judiciary. There is immeninet necessity for judicial accountability other wise there cannot be justice to the citizens. I request Mr.Salve not to take up any petition against Mr.Prashant Bushan.". MOVIDI LAXMAN RAO, HYDERABAD
- 4. "Mr. SalvePlease disclose whether you have share in Vedanta or Sterlite. If you have, then please refrain yourself from the filing and/or continuing the contempt proceeding against Prashant Bhusan.". Dhiman, Calcutta
- 5. "A simple mathematical calculation will make things very clear:A good lawyer get a approximately and average fee of Rs.50,000 to 1 lakh per day.Why would he become a judge who gets a pay of approximately 1 lakh per month. Lawyers should never be elevated as Judges.". Sachin Sudeer, New Delhi
- 6. "Posted on 21.12.10The question which arises is that who has the ability to comment on such issues? A judge, an advocate, a person who faced the court (sufferer) without corruption (without paying bribery to judges / judiciary staff). A person who would have got the post of Secretary to Government of India but due to exposing corruption and rule D B, again Rule D B and retaining his case as part heard years together and then releasing/ leaving case without decision and in between many similar cases like case of AIIMS director etc are judiciously decided, has full right to comment on these issues. These cases / related contempt are pending since about last 10 years. I understand as soon as I retire from service these will be concluded. Thus I may not be able to get real benefit for fighting these cases. Another case related to accident claim is moving around the lower courts since almost last 20 years. Though the penalty was imposed but recovery is pending. Thus â€کjustice delayed is justice denied’ is true in my case. Thus I have a 30 years of experience of dealing with the court. My cases are so that there is no chance of adverse decision like terminating my service without any departmental inquiry, not paying my accident claim ordered by court etc. I am thankful to Late sri Surendra Mohan a thinker, Lohiaites and writer who had given his last speech against corruption in judiciary before a group on 16.12.10 evening (prior to few hours of his death) and my long discussion on this issue with him and his wife after that deliberation.I have read the comments of justice H. L. Gokhale, justice K.G. Balakrishnan and Justice Raghupati in recent news papers. Who is correct among them and upto what extent is known to them only. I have also read the news about the comments of Supreme court judges over Allahabad High Court judges but it is my utter surprise why no comments about Delhi High Court. I also hope that someday something similar to the Wiki Leaks will take birth. Thanks to RTIA-2005 which exposed that CBI in one case changed the inquiry officer at last moment who in turn changed the 3 years inquiry report in 1 month and in another case stated that 1500 pages documents submitted to CBI as proof of corruption were not available in its record and thus nobody was penalized in both the big scams.Regarding corruption in judiciary I am the one who knows better than many others. I had exposed corruption & scandals which were found correct by investigation of Madhya Pradesh legislative assembly inquiry committee, Lokayukta/ Chief Secretary Govt of MP, inquiry officer / an IAS officer (Chief Vigilance officer) Govt of India , based on which a Secretary to Government of India was removed from post / placed on compulsory wait. I have filed / fought about 35 cases (Sadachari Singh Tomar Vs UOI/ State of MP/ MPCST/CBI/CVC etc) i.e. 2 cases before Hon’ble Supreme court of India, 9 cases before Hon’ble High Courts, one case before Hon’ble SAT, 6 cases before Hon’ble CAT PB of India, 4 cases before Hon’ble District court, about 15 cases before Hon’ble Consumer court (District, state and National Commission) and thus have the opportunity of closely observing the Judges. I have also filed about 80 RTIA applications most of these were also placed before Center Information Commission (CIC) and information / certified copy documents received were placed before judges and I have received their comments. Based on my personal observation I conclude that many of judges are not extraordinary personalities but they are like a common man of society and they are behaving like that only.I was hopeful that judiciary will protect me if any wrong / illegal action is taken against me when I exposed corruption of higher authorities but this was my wrong concept. On the issueof placing affidavit before Hon’ble Supreme Court in line I had discussed with Shri Prashant Bhushan Ji but it could not be materialized. Now I am again thinking to proceed on the same lines. Why there are only 25 affidavits? These will now be 1000s / many more. Mr. Prashant Bhushan is fighting against corruption specially judiciary and if he cannot win I don’t hope there is anybody who can fight against corruption in judiciary.". Sadachari Singh Tomar, Delhi
- 7. "May I know all the Senior Lawyers of Hon'ble Supreme Court of India or of Various High Courts of India had Ever Filed Any Contempt Petition in Either of the Hon'ble High Courts of India or before Hon'ble Supreme Court of India for Intentional Disobeyance of the Orders / Directions / Judgments Passed by Either of Hon'ble High Court or Hon'ble Supreme Court of India in C.W.P. No. 68 of 2008 - Order dated 14-07-2008 and Writ Petition (Crl.) 11-15 of 2003 Decided On 18-07-2007 and of Hon'ble Delhi High Court Criminal Writ Petition Number 804 of 2008 Decided On 11-08-2010 by the Magisterial Courts of Delhi or South Delhi or Central Delhi In Order to Save the Rich, Mighty & Influential Economic Offenders -By Declining the Request of Registeration of First Information Reports & Through & Proper & Fair & Honest Investigations by Delhi Police?Are the So-Called Big -Wigs or Indian Legal Luminaries had actually taken Pain in Order to give some relief to the Hopeless Justice Seekers against such Rich, Mighty & Most Influential Economic Offenders Even After Six Decades of India's Independence in GROSS VIOLATIONS of all above orders and Documentary Evidences placed on Records of the Various Courts and Even Before the Commissioner of Police/ Does it not amount to PURELY DENIAL OF JUSTICE OR MURDER OF JUSTICE OR MURDER OF JUSTICE SEEKER LIKE MR. AMIT JETHWA AN RTI ACTIVIST OF AHMEDABAD?Does the Most Respected & Hon'ble Chief Justice of India or his Fellow Brother & Sister Justices or the Big-Wigs or Highly Placed Legal Luminaries Like Respected Soli Sarabjee or Mr. Harsh Salve or Mr. Prashant Bhushan will look into these types of Cases in which the person writing this text message made ORPHAN after the BRUTAL MURDER of his Respected Father On 28-09-2010 (who was a Lawyer ( Mr. N.B. Sawhney, Advocate of Delhi High Court Bar Association since 1958 till 2009) by Constant Mental Torture & Threats of Elimination of Entire Living Family Members by Rich, Influential & Mighty Wrong-Doers to Avoid further Legal Complications for them?Can anyone of your highness will get the SPEEDY JUSTICE to me as well as the ACTUALLY TRUE JUSTICE for my Respected Father who was BRUTALLY MURDERED BY THE WRONG-DOERS OF F.I.R. No. 57 of 2010 for which WRITTEN APPREHENSIONS was brought to the kind knowledge of the Hon'ble Court of Shri Sandeep Garg, Learned Metropolitan Magistrate of Tis Hazari Courts, Delhi, way back on 07-06-2010 and Unending Adjournments had been given to the Delhi Police to file thier Reply till 07-01-2011?Can the Hon'ble Chief Justice of India or Chief Justice of Hon'ble Delhi High Court or Hon'ble District & Session Judge of Tis Hazari Courts or Any of the above-detailed Legal Personalities will get the ACTUALLY FAIR JUSTICE to me or to my respected father before I will be KILLED by such RICH, INFLUENTIAL & MIGHTY WRONG-DOERS as they had already WARNED, THREATENED, TORTURED & BRUTALLY MURDERED MY RESPECTED FATHER Mr. Nakul Bir Sawhney, Advocate Membership Enrollment Number D-10/1958? Can i get JUSTICE EVEN from Hon'ble Additional Session Judge of Tis Hazari Courts On 04-01-2011 in accordance with the Judgments referred herein above and the Documentary Evidences already placed in the Trial Court Files who had declined the Allowing of Two Applications Under Section 156 ( 3 ) Cr. P.C. against Rich, Influential & Mighty Wrong-Doers while listening CONSTANTLY this Mobile Telephone while DIKTATING the Orders in those Two Cases and left the Court Room Thrice to his Retiring Room? Will any of the above-detailed Legal Personalities will be of any help to me being SUFFERER MEMBER of SCBA from last FIVE LONG YEARS? ". Vivek Sawhney, ( 9810446607 ), New Delhi.
- 8. "The only solace we had in this corruption strangled system was the judiciary. Now we have lost all hopes. The upright and conscientious Dr.Binayak Sen being convicted to imprisonment with doctored evidences (see Economic and Political Weekly January 1st issue) has vindicated the stand of Prasanth Bhooshan. Let alone Justice KG Balakrishnan…..his integrity was always a question mark, more because he is a protأ©gأ© of none other than the recently deceased Kerala’s Rashtreeya Bheeshmacharya! (what an ignominious sequel for the legendary!)Prasanth Bhooshan’s daring statement that he will stick to his earlier stand, even if he is convicted and jailed for contempt of court, faintly reminds us of our erstwhile luminaries, who had the courage to fight the multi-fanged python of imperialism.Now the 2Gs and Adarshs have gone to the inner pages….More flamboyant bits are coming out.". ASHTAMOORTHY, THRISSUR KERALA
- 9. "How can a greedy, dishonest, fraud and family abuser advocate [name edited] talk about justice? This is the person who neglected,emotionally, verbally and economically abused his parents and now sister. grabed all bank and property documents. torchered and starved his ill-old father [name edited] till death. Never took his ill-parents to hospital/doctors. And never fulfiled any parental duties. never showed his face to dying father. when Mr. [name edited] died on 28/092010 suddenly appeared to claim all son's rights. Now fraudulantly producing forged documents in all banks and offices. Along with threatening his sister of killing if object and not leave the flat father given to the daugher who took care of both bed ridden dying parents when [name edited] was enjoying his life away from ill-dying parents. He digested his sisters LIC policies and PPF money (in the name of sister's marriage in 2009) when her sister already married in 1/08/2000 and having two small kids in 2009). He is facing various civil and criminal cases and in various courts in delhi and serve two time jail punishment for crime and professional misconducts he has been doing from years.He is the mole of legal profession and in the name of son and brother relations.So don't fall victims of his crocodyle tears. HE IS A LIER. ". Subhash , (Unknown City?)
- 10. "Very much right mr. Subhas, He also made me fool and forced me to sigh on the disclaimer as witness to produce in SBI to grab his father's bank balances. He is a mole in the name of son and brother as well in humanity. He snatched the raw bread from her sister's mouth. God may send him to hell.Bhagwandass khosla". B.D.KHOSLA, New Delhi
- 11. "I can't believe Vivek Sawney is so mean that he is cheating his parents and sister from Long back 1989 by emotionally blackmailing, fraudulently adding/nominating himself in their bank and post accounts and ultimately shifting all the money into his own accounts without their knowledge. I know now why he is threatening and harrassing his sister to live delhi silently or ready to be dead with her family. just for money? I am shocked to know that even though he can't use all the assets even he want to grab from everywhere with all cunning tricks. Who should believe him who didn't left his family. I pray to god that if Son and brother can be like VIVEK SAWHNEY ADVOCATE, 24, KAMLA MARKET, GOD MAY KEEP ME WITHOUT HIM. I have documentry proof how he done all this forgery. which I shall give her sister very soon. ". 007 , (Unknown City?)
- 12. "There are people like Advocate Vivek Sawhney who first does wrong with their own family members and then shouts and blames other people for all that. First killed his own father and now pointing others for his evil deeds. I personally know Advocate Vivek Sawhney. He is having a number of cases pending in different courts of delhi. He is not a human and a worse Advocate. Thats why is not having cases in his hands as none believes on him. God why you gave a son like Vivek Sawhney to Advocate NB Sawhney and a brother to me. Shame on you. I pity you......". P Rani, New Delhi
- 13. "PRASHANT BHUSHAN IS REAL LAWYER we are with him&team.". DIWAKAR KUMAR, Lucena
- 14. "PRASHANT BHUSHAN IS REAL LAWYER ". DIWAKAR KUMAR, Lucena
Related Stories
- Prashant Bhushan steps on gas to impeach CJ Dinakaran, calls on Parliament to sign motion
- Contempt Proceedings against Prashant Bhushan: SC says Bhushan must apologize to the Institution
- Contempt notices issued to AAB officials; Bar Council demands Chief Justice step down
- Justice Sirpurkar to head Dinakaran impeachment panel
- CD Controversy: Bhushan to move Supreme Court on contempt
- Belated plea taken by Dinakaran did not work out - Stay on impeachment proceedings lifted; hints Constitution Bench reference
- No SC for Dinakaran; Allahabad Chief Justice's elevation may be on hold
Other News
- Re-Upped Round up May 21
- Clasis Law moves to a larger office space in Delhi
- Re-Upped Round up May 18
- SC to hear petition challenging appointment of sitting AP High Court judge; Petition alleges deliberate concealment of pending criminal investigation at the time of enrollment
- Linklaters Managing Associate Pranav Sharma to rejoin Amarchand Mangaldas as Partner
- Re-Upped Round up May 17
- Recruitment Tracker: Luthra top recruiter followed by Amarchand and AZB for NALSAR Class of 2012
The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (4)










