SC gives Prashant Bhushan 2 days to reconsider statement

The Supreme Court on Thursday granted two days to activist-lawyer Prashant Bhushan to reconsider his “defiant statement” refusing to apologise for contemptuous tweets against the judiciary and rejected his submission that quantum of punishment be decided by another bench.

The top court also rejected Bhushan's submission seeking deferment of the hearing till his yet-to-be-filed review plea against its verdict, which held him guilty of contempt of the court, is decided.

Reminding Bhushan of ‘lakshman rekha', the top court asked as to why it has been crossed and observed that it has been asked to commit an act of “impropriety” by sending the case to some other bench for hearing the arguments on quantum of sentence in the contempt case.

The apex court, on August 14, had held Bhushan guilty of criminal contempt for his two derogatory tweets against the judiciary saying they cannot be said to be a fair criticism of the functioning of the judiciary made in the public interest.

He faces simple imprisonment of up to six months or with a fine of up to Rs 2,000 or with both as punishment.

“We can give you time and it is better if you (Bhushan) reconsider it. Think over it. We will give you two-three days' time,” a bench headed by Justice Arun Mishra told Bhushan, who held his ground by refusing to apologise for the tweets.

“I did not tweet in a fit of absence mindedness. It would be insincere and contemptuous on my part to offer an apology for the tweets that expressed what was and continues to be my bona fide belief," he said.

The activist lawyer however said he will think over the suggestion of the bench, also comprising Justices B R Gavai and Krishna Murari, which posted the matter again on August 24.

The bench said that it can be very lenient if there is realisation of mistake.

Few minutes after the start of the crucial hearing, Bhushan, represented by senior advocates Rajeev Dhavan and Dushyant Dave, also addressed the bench and quoted Mahatma Gandhi.

“I do not ask for mercy. I do not appeal to magnanimity. I am here, therefore, to cheerfully submit to any penalty that can lawfully be inflicted upon me for what the Court has determined to be an offence, and what appears to me to be the highest duty of a citizen,” he said.

Attorney General K K Venugopal, who is assisting the bench, joined many legal luminaries and urged the court not to award any punishment to Bhushan in the contempt case saying he has already been convicted.

“The tone, tenor and content of Bhushan's statement makes it worse; is it defence or aggravation,” the bench told Venugopal and made clear that it cannot consider his request unless Bhushan reconsiders his earlier stand of not apologising for his tweets.

Justice Mishra, who is retiring on September 2, said that he never punished any person for contempt in his entire career as a judge and this was his first such judgement.

The regret and realization of the offence should come from within, he said.

“There is a ‘lakshman rekha' for everything. Why cross it. We welcome pursuing good cases in public interest but remember, it is now after conviction. And it is a serious thing. I have not convicted anyone of contempt in 24 years as a judge. This is my first such order,” Justice Mishra said.

At the outset, the bench was told by Dave that the court should defer the hearing on quantum of sentence till Bhushan's plea, which is to be filed, seeking review of the August 14 judgement is decided or as alternative, the case be transferred to some other bench.

Dismissing the submissions of deferment or the transfer, the bench said, “You (Dave) are asking us to commit an act of impropriety by saying that the arguments on sentencing should be heard by other bench... Has it been ever done that the hearing on sentencing has been undertaken by the other bench when the main bench is existing”.

The bench however said: “I can assure you that the if we inflict any punishment on you it will not be acted upon till review is decided.”

It also rejected the plea of adjournment and said that the review can be decided only after the present hearing concludes.

The bench said it will hear the arguments on sentencing and was not inclined to hear the application filed by Bhushan on Wednesday seeking deferment of hearing on the sentence till his review petition is decided.

Dave told the bench that “heavens are not going to fall” if the apex court will suspend the hearing on quantum of sentence.

The bench told the Attorney General that it will first hear Bhushan on the issue of sentencing.

When Dave said that Venugopal should be allowed to argue first, the bench said, “Don't remind us of the professional norms”.

Bhushan, who himself addressed the court, said that he has been “grossly misunderstood”.

On August 14, in its 108-page verdict, the top court had said: “The tweets which are based on the distorted facts, in our considered view, amount to committing criminal contempt.

“In the result, we hold alleged contemnor No.1 - Mr. Prashant Bhushan guilty of having committed criminal contempt of this Court”.

The top court had analysed two tweets of Bhushan posted on the micro-blogging site on June 27 on the functioning of judiciary in past six years, and on July 22 with regard to Chief Justice of India S A Bobde.