SC holds Prashant Bhushan guilty of contempt for tweets against judiciary

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August 14, 2020

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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.

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News Network
April 25,2024

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Kolkata: Defence Minister Rajnath Singh or Transport Minister Nitin Gadkari could have been the prime minister, said Trinamool Congress supremo and West Bengal chief minister Mamata Banerjee, subtly taking a dig at the Bharatiya Janata Party leaders relegated to the second rung of the organisational echelons.

Banerjee’s nephew and the TMC general secretary Abhishek Banerjee, on the other hand, attempted to stoke trouble within the BJP’s unit in West Bengal, saying that at least 10 more state legislators of the saffron party were keen to join his party and in touch with him.

"You (Rajnath Singh) are surviving at the mercy of Modi (Prime Minister Narendra Modi). You are saluting Modi daily to save your chair. You or Nitin Gadkari could have been the PM (prime minister) today," the TMC supremo said in an election rally at Ausgram in Bolpur Lok Sabha constituency on Wednesday. "There would have been no problem...at least there would have been a gentleman in the chair who knows minimum courtesy," she added.

Banerjee was responding to Singh’s diatribe against herself and the TMC government led by her. The defence minister, who had addressed an election rally in Murshidabad on Sunday, had criticised the TMC government for alleged corruption and anarchy in West Bengal.

Singh had referred to the attacks on the Enforcement Directorate officials on January 5 during a raid at the residence of the TMC leader Sheikh Shahjahan at Sandeshkhali in North 24 Parganas district of the state. It was followed by an agitation by local women protesting against atrocities by Shahjahan and his aides known to be owing allegiance to the TMC.

Singh questioned how the state government, led by a woman as the chief minister, could allow such atrocities on women to take place. He went on to say that Banerjee had lost all ‘mamata’ (affection and compassion) for people.

Banerjee shared a cordial relationship with Singh since the days when they both were ministers in the central government led by then Prime Minister Atal Bihari Vajpayee. Singh avoided personally criticising Banerjee in the past.

He, however, went ballistic against Banerjee on Sunday, triggering a strong response from the TMC supremo on Wednesday.

"The BJP is trying to get into the game of breaking parties, but they can't win in it. They poached two of our MPs, and we replied by taking two of their MPs, Arjun Singh and Babul Supriyo. Recently, by using ED raids, they inducted Tapas Ray. At least 10 top leaders of the BJP are in the queue to join the TMC," Abhishek said in another election rally in Murshidabad on Wednesday.

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News Network
April 26,2024

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The US military has started the construction of a controversial maritime pier off the coast of Gaza, claiming that it seeks to bring aid into the besieged strip.

"I can confirm that US military vessels, to include the USNS Benavidez, have begun to construct the initial stages of the temporary pier and causeway at sea," Pentagon spokesperson Major General Patrick Ryder told reporters on Thursday.

US President Joe Biden ordered the construction of the pier in March. Shortly afterwards, the US deployed naval ships to the Eastern Mediterranean to construct the "floating pier" that will reportedly receive aid from Cyprus, and send it onward to Gaza.

The US announcement came amid mounting pressure on Israel to allow aid into Gaza as the UN and other aid agencies have warned of imminent famine due to Israel's prevention of the land-based delivery of life-saving aid to Gaza.

The deputy UN food chief said on Thursday the northern Gaza Strip is still heading toward a famine.

World Food Program (WFP) Deputy Executive Director Carl Skau called for a greater volume of aid to be allowed into Gaza and appealed for Israel to allow direct access from the southern Ashdod port to the Erez crossing.

The pier is scheduled to become operational in May.

Reuters quoted a senior Biden administration official, who asked not to be named, as saying that aid coming off the corridor will still need to pass through Israeli checkpoints on land, raising questions about possible delays even after aid reaches shore.

That is despite the aid having already been inspected by Israel in Cyprus prior to being shipped to the besieged strip.

According to the official, nearly 1,000 US troops would support the military effort, including in coordination cells in Cyprus and Israel.

The Israeli military said its troops would protect the US troops who are setting up the pier and provide logistics support for it.

Last month, experts said Israel backed the US plan to construct the pier in order to retain control over the aid deliveries and as a way to displace Palestinians from the besieged strip via the Mediterranean Sea, ahead of an expected invasion of the southern town of Rafah, where nearly more than half of Gaza's population of 2.4 have sought shelter from Israeli strikes elsewhere in Gaza.

Israel launched the war on Gaza on October 7 after the Palestinian resistance movement Hamas waged the surprise Operation Al-Aqsa Storm against the occupying entity in response to the Israeli regime's decades-long campaign of bloodletting and devastation against Palestinians.

Tel Aviv has also blocked water, food, and electricity to Gaza, plunging the coastal strip into a humanitarian crisis.

Since the start of the offensive, the Tel Aviv regime has killed at least 34,305 Palestinians and injured 77,293 others.

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News Network
April 23,2024

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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.

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