SC holds Prashant Bhushan guilty of contempt for tweets against judiciary

News Network
August 14, 2020

bhushan.JPG

New Delhi, Aug 14: The Supreme Court on Friday held activist-lawyer PrashantBhushan guilty of contempt for his two derogatory tweets against the judiciary.

A bench headed by Justice Arun Mishra said it would hear on August 20 the arguments on quantum of sentence to be awarded to Bhushan in the matter.

The apex court had on August 5 reserved its verdict in the matter after Bhushan had defended his two tweets, saying they were against the judges regarding their conduct in their personal capacity and they did not obstruct administration of justice.

On July 22, the top court had issued a show cause notice to Bhushan after initiating the criminal contempt against him after taking note of a petition.

While reserving the order in the contempt case, the top court had dismissed a separate petition filed by Bhushan seeking recall of the July 22 order by which the notice was issued against him in a contempt proceeding initiated for his alleged contemptuous tweets against the judiciary.

The top court had not agreed to the contention of senior advocate Dushayant Dave, representing Bhushan, that the separate plea had raised objection against the manner in which the contempt proceedings were started without the opinion of Attorney General K K Venugopal and it be sent to another bench.

Bhushan had sought a direction to declare that the apex court's secretary general has allegedly "acted unconstitutionally and illegally" in accepting a "defective contempt petition" filed against him, which was initially placed on the administrative side and later on the judicial side.

Referring to a judgement, the apex court had said that it has “meticulously” followed the law in entertaining the contempt plea and it did not agree to the submission that it be sent to another bench for hearing.

Dave arguing for Bhushan in the contempt case had said, “The two tweets were not against the institution.

"They are against the judges in their personal capacity regarding their conduct. They are not malicious and do not obstruct administration of justice”.

Bhushan has made immense contribution to the development of jurisprudence and there are “at least 50 judgments to his credit”, he had said, adding that the court has appreciated his contributions in cases like 2G scam, coal block allocation and in mining matters.

“Perhaps you would have given him ‘Padma Vibhushan' for the work he did in the last 30 years,” Dave had said, adding that this was not the case where contempt proceedings would have been initiated.

Referring to the ADM Jabalpur case on suspension of fundamental rights during the emergency, the senior advocate had said that even “extremely uncharitable” remarks against the judges were made and no contempt proceedings were made out.

In a 142-page reply affidavit, Bhushan stood by his two tweets and had said the expression of opinion, “however outspoken, disagreeable or unpalatable to some”, cannot constitute contempt of court.

Bhushan, in the affidavit, has referred to several apex court judgements, speeches of former and serving judges on contempt of court and the “stifling of dissent” in a democracy and his views on judicial actions in some cases.

“The respondent (Bhushan) states that the expression of his opinion however outspoken, disagreeable or however unpalatable to some, cannot constitute contempt of court. This proposition has been laid down by several judgments of the Supreme Court and in foreign jurisdictions such as Britain, USA and Canada,” he has submitted.

Preventing citizens from demanding accountability and reforms and advocating for the same by generating public opinion is not a ''reasonable restriction'', the affidavit had said, adding that the Article 129 cannot be pressed into service to stifle bonafide criticism.

While referring to the tweets by Bhushan, the apex court had said these statements are prima facie capable of "undermining the dignity and authority" of the institution of the Supreme Court in general and the office of Chief Justice of India in particular, in the eyes of the public at large.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 13,2024

warships.jpg

New Delhi, May 13: Warmongering Israel is bracing for a potential direct attack by Iran as warnings grow of retaliation for the provocative killing last week of a senior officer in Iran's embassy in Damascus. US and other intelligence assessments have said the retaliation could come as soon as Sunday. The unprecedented attack could trigger an all-out regional war.

US President Joe Biden has also warned Israel that he expects a strike from Iran soon, but has warned the clerical state not to attack.

"I don't want to get into secure information but my expectation is sooner than later," Biden told reporters after an event.

Asked what his message was to Iran on striking Israel, Biden said, "Don't."

An assault from Iranian soil has emerged as one of the main scenarios expected by the Jewish state and its allies, according to reports by the Wall Street Journal and Bloomberg. A bombardment with drones and precision missiles could come within the next 24 hours, the reports said citing people familiar with the matter.

Any Iranian attack on Israel would likely be a combination of missiles and drones, based on current capabilities outlined in a new Defense Intelligence Agency Worldwide Threat assessment released late Thursday.

The regime "has a substantial inventory of ballistic and cruise missiles capable of striking targets as far as 2,000 kilometers from its borders," the agency said.

The US has rushed additional military assets to protect Israel and American forces in the region. The country has moved two Navy destroyers to the Eastern Mediterranean Sea, according to a Navy official. One is the USS Carney, which was recently in the Red Sea performing air defence against Houthi drones and anti-ship missiles.

America has also doubled down its diplomatic efforts to rein in hostilities in the region, which has been on the edge since Israel launched a mega offensive on Palestine to destroy the militant organisation Hamas.

US officials have been working to send messages to Iran, including through an established Swiss channel, while talking to Israel, Saudi Arabia, Qatar, and other governments. Biden has also sent the head of US Central Command, General Michael Kurilla, to Israel for urgent talks on the threat from Iran.

The 'shadow war' between the two Middle Eastern countries heated up when an Israeli airstrike hit the Iran consulate in Damascus, killing seven people, including two generals. Iran immediately issued a statement saying that it is prepared for war and will deliver a "slap" to Israel.

Israel has been on alert since then, canceling home leave for combat troops, calling up reserves, and bolstering air defenses. Its military scrambled navigational signals over Tel Aviv on Thursday to disrupt GPS-navigated drones or missiles that might be fired at the country.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 20,2024

Union Finance Minister Nirmala Sitharaman, on Friday, said that the Bharatiya Janata Party (BJP) plans to reintroduce electoral bonds in some capacity following extensive consultations with all stakeholders, should it come back to power in the 2024 general elections, according to a report in the Hindustan Times (HT).

HT cited Nirmala Sitharam as saying, “We still have to do a lot of consultation with stakeholders and see what is it that we have to do to make or bring in a framework which will be acceptable to all, primarily retain the level of transparency and completely remove the possibility of black money entering into this.”

However, the Centre has not yet decided whether to seek a review of the ruling made by the Supreme Court (SC), she said.

She further added, “What the scheme, which has been just thrown out by the Supreme Court, brought in was transparency. What prevailed earlier was just free-for-all.”

Launched in 2018, electoral bonds were accessible for acquisition at any State Bank of India (SBI) branch. Contributions made through this programme by corporations and even foreign entities via Indian subsidiaries received full tax exemption, while the identities of the donors remained confidential, safeguarded by both the bank and the recipient political parties.

On February 15, a five-judge Constitution Bench struck down the scheme, deeming it ‘unconstitutional’ due to its complete anonymisation of contributions to political parties. Additionally, the Bench stated that the articulated objectives of curbing black money or illegal election financing did not warrant disproportionately infringing upon voters’ right to information.

FM Sitharaman said, some aspects of the scheme need improvement and they will be brought back following consultations.

She also lashed out at the Opposition’s claims that the BJP disregarded criminal charges against leaders who switched from other parties to join the ruling party.

The HT quoted her as saying, “The BJP can’t sit here and say, you come to my party today, and the case will be closed tomorrow. The case has to go through the courts that have to take a call; they will not just say, “Oh, he’s come to your party, close the case.” Doesn’t happen that way. So is this washing machine a term they want to use for the courts?”

She further said that the Union government plans to simplify the process of taxation and make it easy for investments to come through into the country.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 23,2024

gaza200.jpg

The genocidal Israeli war on the Gaza Strip has entered its 200th day, with occupation forces killing more Palestinians in defiance of widespread international outcry to end the carnage.

The aggression marked its 200th day on Tuesday with no end in sight to the Israeli war that has so far killed a shocking number of Palestinians and led to a humanitarian crisis in the besieged territory.

The Gaza Health Ministry said Israeli forces have committed three "massacres" over the past 24 hours, killing at least 32 Palestinians and wounding 59 others.

The numbers, it added, bring the Palestinian death toll to more than 34,183, with at least 77,143 injured and an estimated 7,000 missing and presumed dead since early October.

More than 14,500 children and 9,500 women are among those killed, making up over 70 percent of the victims, according to health officials.

Israel waged its brutal US-backed war on the Gaza Strip on October 7 after the Palestinian Hamas resistance group carried out Operation Al-Aqsa Storm against the usurping entity in retaliation for its intensified atrocities against the Palestinian people.

Israel has been carrying out war crimes in Gaza by deliberately starving people and forcing their evacuation, as well as targeting hospitals and schools sheltering displaced Palestinians.

Despite all these atrocities, the regime has failed to achieve its declared objectives of “destroying Hamas” and finding Israeli captives held in Gaza.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.