Lawyer Prashant Bhushan has been held responsible of contempt for his two tweets on Chief Justice of India SA Bobde and the Supreme Court. The Supreme Court will resolve on the sentence on August 20. A 3-judge bench of Justices Arun Mishra, BR Gavai and Krishna Murari delivered the decision.
Mr Bhushan in an affidavit on August three had mentioned he regretted solely a “part of” what he tweeted and asserted that criticism of the highest decide “does not scandalise” the courtroom or decrease its authority.
He had commented on a photograph of Chief Justice Bobde on a superbike. Mr Bhushan in an affidavit on August 2 mentioned he regretted asking why Justice Bobde was not sporting a helmet, because the bike was on a stand.
“At the outset I admit that I did not notice that the bike was on a stand and therefore wearing a helmet was not required. I therefore regret that part of my tweet. However, I stand by the remaining part of what I have stated in my tweet…” the lawyer mentioned in his affidavit submitted on August 2.
The courtroom discharged Twitter from contempt for publishing Mr Bhushan’s tweets, saying it accepts the reason given by the microblogging web site.
“We accept the explanation given by it, that it is only an intermediary and that it does not have any control on what the users post on the platform. It has also showed bona fides immediately after cognisance was taken by this court as it has suspended both the tweets. We, therefore, discharge the notice…” the Supreme Court mentioned.
Mr Bhushan mentioned he was exercising his freedom of speech and giving his opinion concerning the functioning of the courtroom, and it doesn’t quantity to “obstruction of justice”, necessitating the contempt proceedings.
In the final listening to, Mr Bhushan’s lawyer Dushyant Dave had mentioned the 2 tweets weren’t towards the establishment. “They are against the judges in their personal capacity regarding their conduct. They are not malicious and do not obstruct administration of justice,” Mr Dave had mentioned.
“To bona fide critique the actions of a Chief Justice or a succession of Chief Justices cannot and does not scandalise the court, nor does it lower the authority of the court,” Mr Bhushan’s affidavit mentioned.