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Supreme Court commences hearing on Prashant Bhushan's contempt case on sentencing.

Senior counsel Dushyant Dave appearing for Bhushan begins arguments.
Dave citing legal provisions relating to review petition.

"I have 30 days from the date of judgment to file a review as per Supreme Court rules", says Dave.
Dave says hearing on sentencing should be deferred till review is filed and decided.

If your lordships pass the sentence then review will be infructuous, says Dave.
Justice Arun Mishra says judgment will be complete only when sentence is decided.
Justice Arun Mishra says that if court imposes punishment, there will be no question of judgment being implemented till review is decided.

"We assure that to you," justice Arun Mishra.
"We assure you in advance in case you are implicated, we assure you that judgment will not be activated till review is decided," justice Arun Mishra.
Justice BR Gavai says an impression should not be given that the contemnor is trying to avoid Justice Arun Mishra's bench.
Heavens are not going to fall if your lordships defer sentencing till review is decided. There is no mandate under Supreme Court rules that the same bench should hear on sentencing, says Dave.
Justice Arun Mishra responds saying that it will be judicial impropriety for another bench to hear on sentence.

"We assure you that we will not do anything that will take away your right to review," justice Mishra.
Justice Arun Mishra says the court will not defer hearing on sentencing.
Justice BR Gavai says Dr. Rajeev Dhavan had informed court on August 17 that review was ready and will be filed. Why is it not being filed, asks Justice Gavai.

Dave says there is no mandate that it should be filed within 24 hours and the time limit to file review is 30 days.
If your lordships want me to file review in 24 hours, then the Supreme Court rules should be amended accordingly, argues Dave.
Dave also says court should not hold counsel responsible for statements made in other matters.

"I beseech your lordships not to do that," says Dave.
Now argument about hearing Attorney General KK Venugopal.

Dave says AG was not heard last time even though he was present for hearing for 4.5 hours.

Justice Mishra objects tells Dave such utterences should be avoided. "Let us have congenial atmosphere"
Senior counsel Rajeev Dhavan appearing for Bhushan says he is not in favour of deferment of hearing on sentencing.

"It is immaterial whether a judge is retiring or not," Rajeev Dhavan says.

Plea for deferment rejected. Court to hear arguments on sentencing.
Before hearing, Bhushan makes his statement.

Prashant Bhushan quotes Mahatma Gandhi in his statement

"I do not ask for mercy. I do not appeal for magnanimity. I am here to cheerfully submit to any punishment that court may impose", he says.
Rajeev Dhavan commences arguments.

Court has to look into the contemnor's credentials and who the person is and his bona fides

Mr. Bhushan along with others created a forum for judicial accountability to fight against corruption and seek accountability from courts.
The coal mining case, the Odisha mining case, PWC case, FCRA case, case on removal of CVC and of course 2G case etc are some of Prashant Bhushan cases, submits Rajeev Dhavan.
Narmada case, Police reforms case, Euthanasia case, Street vendors case, Singur land acquisition case, RTI cases are all Prashant Bhushan cases. All these cases are pro bono. He has not received any advantage out of these, Dhavan argues.

"He is a worthy advocate of this court"
If your lordships judgment of August 14 reaches academia, it will be severely criticised. Almost 20 pages of it are copy paste from Vijay Kurle judgment.

"Don't worry about that Dr. Dhavan. We welcome fair criticism," says Justice Arun Mishra.
Justice Mishra concedes that contempt should be sparingly used.

"We appreciate all your efforts in filing good public interest cases. We welcome all that.

But there is a lakshmana Rekha for everything. You are part of the system. You forget it. Why do you cross it?," Dhavan.
We fully agree with you that our contempt powers are immense and should be sparingly used, justice Mishra says.
Dhavan relying on Contempt of Court Act provisions particularly section 13.

"Your Lordships should show as to the exact manner in which the contemptuous acts substantially interfere in administration of justice," Dhavan says.
Dhavan asks who the complainant is and why he did this and at this point of time.

"We took action based on your tweets. We have not considered anything else. You have not disputed the contents of the tweets," justice Arun Mishra.
"Truth is my defence against sentencing also," Dhavan.
"Under contempt law, truth is an absolute defence," Dhavan.
When Dhavan speaks on Bhushan's tweet on historians looking back at Supreme Court's role in democracy, justice Mishra says nobody can predict what will be the impression about SC tomorrow.

Exactly, tomorrow I might be the one writing history, says Dhavan.
Arun Mishra J suggests that Bhushan be given time to think over his statement and come back to court

Court asks AG KK Venugopal for his opinion. AG also says it will be good to give him time to think over though knowing him for past 30 years, he is unlikely to change his stance
"We can give you time to consider it. We will give you 3 to 4 days time to think about the statement made today", justice Mishra.

"Ok My Lords. I will think over it," says Bhushan.
Bhushan however says his statement was well considered and it is unlikely to change though he will think about it.

Hearing on legal aspects continues with Rajeev Dhavan advancing arguments.
Dhavan says Bhushan's statement found support of ex judges of Supreme Court and high court - justice Lodha, Lokur, Shah, Joseph.

Are they also in contempt? asks Dhavan.
Don't punish Prashant Bhushan, says Attorney General KK Venugopal to Supreme Court.
Court requests AG Venugopal not to argue on merits. Also says Bhushan should rethink his statement if court should refrain from punishing him.
"Mistake can be committed by anyone- me or you or Mr. Dave. But the person should admit the mistake," Justice Arun Mishra to Rajeev Dhavan.
AG KK Venugopal: "I have a list of 5 retired judges of SC who said democracy has failed in SC.

At least 9 former judges have said there is corruption in higher judiciary.

I myself in a speech in 1987.."

Bench interrupts. Makes it clear they won't review their judgment
Bench says other statements are not before this court and that they won't hear AG on merits.
Hearing concludes for the day. Bench rises.
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