Thread by @barandbench

PRASHANT BHUSHAN CONTEMPT CASE OVER TWEETS:

After Adv. Prashant Bhushan filed a supplementary statement before the Supreme Court reiterating his position not to tender an apology over his tweets, the #SupremeCourt will today consider the effect of this statement.

@pbhushan1

Bhushan's statement filed yesterday says, "an insincere apology would amount to the contempt of my conscience"

#SupremeCourt #contemptofcourt
@pbhushan1

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Supreme Court had given Bhushan time till August 24 to tender an unconditional apology, if he so desired.

SC had hinted at adopting a lenient position towards Bhushan in case he reconsidered his statements/tweets.

#SupremeCourt
@pbhushan1

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Bench begins to hear the Prashant Bhushan matter relating to the Two Tweets.

The bench comprises of Justices Arun Mishra, BR Gavai and Krishna Murari

#SupremeCourt
@pbhushan1 #PrashantBhushan

Rajeev Dhavan begins

Dhavan says that Bhushan submitted a statement yesterday and written submissions have been filed.

Dhavan: Mr. Bhushan can first read the statement.

Justice Mishra: We have the statement, what is the need to read it

#SupremeCourt #PrashantBhushan

Supreme Court wishes to hear Attorney General KK Venugopal first

Justice Mishra: Now you (AG) guide us, what is to be done now?

#SupremeCourt #PrashantBhushan

AG: These statements would only be to tell the Court that you should look at the unclear and reform yourself

AG: He (Bhushan) may be given a warning first and let go. He need not be punished.

#SupremeCourt #PrashantBhushan

AG: He (Bhushan) may be given a warning first and let go. He need not be punished.

#SupremeCourt #PrashantBhushan

Attorney General: These statements are telling the court to reform the court. They seek the improvement of the administration of justice.

Justice Mishra: Let's not go into anyone's statements.

#SupremeCourt #PrashantBhushan

Justice Mishra: What should be done in this case

AG: He can be told not to repeat this and not given punishment.

Justice Mishra: But he doesn't think whatever he did was wrong. He did not submit an apology.

#SupremeCourt #PrashantBhushan @pbhushan1

Justice Mishra: Mr. Venugopal, I will put one query to you...

All of us are imperfect in different degrees, if I feel I'm perfect I maybe wrong, if you feel you're perfect you may be wrong, any person xyz thinking he is perfect may be wrong...

#PrashantBhushan @pbhushan1

Justice Mishra: People make mistakes, sometimes even in bona fide mistakes are made.

But he does not think he did anything wrong.

What to do when someone does not think they did something wrong?

#PrashantBhushan @pbhushan1

AG refers to Bhushan's statement which was read out on August 20 and the supplementary statement filed on August 24

#PrashantBhushan @pbhushan1

AG: Your Lordships remember I had taken a contempt out on @pbhushan1 when he had said I had filed certain documents (reg Rafale case)

He expressed regret and then when I read it, I thought we should not proceed with contempt and I withdrew the same because he expressed regret.

AG: It will be a great service if Your Lordships take a compassionate view and leave it there.

@pbhushan1 #PrashantBhushan #KKVenugopal

Justice Mishra: When Mr. Bhushan does not think he did anything wrong then what is the point of giving him advice to not repeating it...

@pbhushan1 #PrashantBhushan #KKVenugopal

AG: Then My Lord also see all the work he has done, he has filed so many PILs for the benefit of the people

@pbhushan1 #PrashantBhushan #KKVenugopal

Justice BR Gavai: PILs and all is good work but when it came to you, even you filed a contempt...

You withdrew it only after he expressed regret.

But that's not the case here.

@pbhushan1 #PrashantBhushan #KKVenugopal

Justice Mishra: As an Attorney General for India, you consider this...

How will SC speak, we speak only through our judgments.

There are very serious statements made.

They are asking us to consider his defense during sentencing...

@pbhushan1 #PrashantBhushan #KKVenugopal

Justice Mishra:

He has made so many remarks.

Even in the Ramjanmabhoomi case... Only one of those judges has retired.

AG: He won't do it again.

@pbhushan1 #PrashantBhushan #KKVenugopal

Justice Mishra: Let him say that.

But he then instead of that he gave color to those tweets

@pbhushan1 #PrashantBhushan #KKVenugopal

AG: Let his response be taken off the record

Justice Mishra: How can we take this off the record.

@pbhushan1 #PrashantBhushan #KKVenugopal

Everyone is criticizing is that we have not considered his response and the AG is saying take his response off the record...

Now if this is removed, we will be blamed that we removed his response on our own

@pbhushan1 #PrashantBhushan #KKVenugopal

Justice Mishra: How can his response be taken off the record when he says it is his bona fide belief

@pbhushan1 #PrashantBhushan #KKVenugopal

Bench refers to a statement made by Bhushan saying that the "Supreme Court has collapsed".

Justice Mishra: Isn't that objectionable?

@pbhushan1 #PrashantBhushan #KKVenugopal

AG: Let him express regret

Justice Gavai: For that we gave him 3 days but he filed a supplementary statement instead.

Justice Mishra: He instead said consider my defense (during sentencing)

@pbhushan1 #PrashantBhushan #KKVenugopal

AG is citing the judgment in the Arundhati Roy contempt case

@pbhushan1 #PrashantBhushan #KKVenugopal #SupremeCourt #JusticeMishra

The Bench is referring to the reply that was filed by Bhushan.

Justice Mishra: Which Judge is left out, sitting or retired? (Referring to the various allegations made by Bhushan)

@pbhushan1 #PrashantBhushan #KKVenugopal

Justice Mishra: AG, your advice should be also for withdrawal of the statements.

AG: They should withdraw the statements, I have nothing more to add.

@pbhushan1 #PrashantBhushan #KKVenugopal

SC breaks for lunch.

Justice Mishra: We will come back after thirty minutes, think over it.

Bench rises for Lunch.

@pbhushan1 #PrashantBhushan #KKVenugopal

Bench assembles after Lunch.

@pbhushan1 #PrashantBhushan #KKVenugopal

Rajeev Dhavan begins.

Dhavan: I wear two hats, one I represent my client and second is my duty towards the Court.

My duty towards Court is not synonymous to the duty towards theClient.

@pbhushan1
#PrashantBhushan #KKVenugopal

As a senior counsel, your Lordships have asked me about my submissions on sentencing.

Dhavan says he has submitted his written submissions.

Justice Mishra: I have read every word of this.

@pbhushan1
#PrashantBhushan #KKVenugopal

Dhavan: The offence of scandalizing is very vague, it can make anything.

In the S. Mulgaokar case guidelines, Justice Krishna Iyer has said the same thing.

@pbhushan1
#PrashantBhushan #KKVenugopal

I have been writing on the Supreme Court for a long time. Even when a certain CJI retired, I had written how he was acting like a Sultan and no contempt was taken.

@pbhushan1
#PrashantBhushan #KKVenugopal

I have now written 1031 articles out of which 900 are on the Supreme Court and I don't write unless there is something to say.

Dhavan cites his books, articles written about the SC and asks if that would all amount to Contempt.

@pbhushan1
#PrashantBhushan #SupremeCourt

Dhavan: But this idea of "scandalous and scurrilous" is not a subjective idea at all

I had earlier reminded your Lordships of the time when Justice Mishra was CJ -Calcutta HC & Mamata Banerjee had called judges corrupt

@pbhushan1
#PrashantBhushan #SupremeCourt @MamataOfficial

Dhavan: Judgement was written and she was let off and your Lordship presided and agreed with the judgement.

That is an important judgement.

Your Lordships have broad shoulders to take on any criticism.

@pbhushan1
#PrashantBhushan #SupremeCourt @MamataOfficial

Dhavan: Even during the last time, I had pointed out about the defence and the statements made in the affidavit and you had said don't take names.

@pbhushan1
#PrashantBhushan #SupremeCourt @MamataOfficial

Justice Mishra: even AG was there, it (affidavit) was not referred to.

@pbhushan1
#PrashantBhushan #SupremeCourt

Dhavan is now referring to the Court's Judgment of Aug 14, says certain paragraphs favour @pbhushan1

Your previous order was almost as though the contemnor was being coerced into tendering an apology.

#PrashantBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: This is not what the SC does - "we give you so many days, tender an apology".

This is wrong jurisprudence, No court can pass an order like this.

#PrashantBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan is now breaking down Bhushan's statement before the Court, says:

"When a person is called for a contempt case, is he not supposed to offer a defense"

#PrashantBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: An apology cannot be a mere incantation, an apology has to be sincerely made and he(Bhushan) sincerely says that "this is my belief".

#PrashantBhushan #SupremeCourt #SupremeCourtOfIndia

If your Lordships invite me for contempt, am I not supposed to offer my defence. And he (Bhushan) has systematically offered defence for each of the statements (in tweets) made by him.

#PrashantBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan has been disconnected from the proceedings due to power cut.

Justice Mishra: Last time also it happened at the crucial point

#PrashantBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan reconnects and resumes: Your Lordships should look at his entire statement

#PrashantBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: Look at his first tweet and what he is essentially saying is that he wishes that things in Court should have happened differently. When it is juxtaposed against the Harley Davidson it was a bit odd but intent of this has to be seen

#PrashantBhushan #SupremeCourtOfIndia

Dhavan: He is saying that prioritization has to be done.

#PrashantBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: Second tweet: We are all concerned about what has happened in the SC in the last six years, if Bhushan's statement is read as a whole, it says he has the highest respect for judiciary but has a critical opinion about the last four Chief Justices

#PrashantBhushan

Dhavan: I'm not saying that the Court is immune from criticism but I'm saying that all of us have the duty to make a fair criticism

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: Is this (a comment on Harley Davidson picture) really a matter of contempt?

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia @harleydavidson

Dhavan: When your Lordships retire or even when you don't retire, there will be articles saying that the court decided some cases correctly or some cases incorrectly

They can't be stopped

Court can survive only on responsible criticism

#PrashanthBhushan #SupremeCourtOfIndia

Dhavan refers to retired Judges, Justices Lokur, KM Joseph and AP Shah who have all made similar statements

Are they also in contempt?

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: Now as for removal of defence from the records, and now I speak for my client, it is a part of my defence.

There is no question of excising the affidavit.

The convicting judgement should be suo motu recalled

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

What is the Court going to say to him, don't do it again?

He will ask "don't do what again"?

Can the court silence him and ask him not to criticize the court again?

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: We are not asking for Mercy from this court, we are asking for Statesmanship from the Court.

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: This is all I have to say, now if the Court wishes to hear Mr. Bhushan, then he may make his submissions also.

Justice Mishra: Why to trouble him

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Justice Mishra inquires from Dhavan about his suggestions as a Senior Counsel on the kind of punishment that can be inflicted

Dhavan: AG said reprimand, I'm saying a general message should go out.

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Court asks about the provisions under the law

Dhavan apprises the court about the kind of punishments provided for contempt in the statutes which may include being banned from practicing or imprisonment among others

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: My humble and most respectful submission is don't make Prashant Bhushan a martyr

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: Don't make him a martyr by punishing him.

When Kalyan Singh was sent to jail, he was celebrated.

My respectful submission is not only should this case be closed but this controversy should also be closed

#PrashanthBhushan #SupremeCourt #SupremeCourtOfIndia

Dhavan: We don't want a string of controversies after this with Articles either calling Bhushan a martyr or others applauding Court's decision.

We only want this case and controversy to end and this can be closed only with judicial statesmanship

#PrashanthBhushan

Senior Counsel CU Singh allowed to make submissions as an officer of the Court.

Singh agrees with the position taken by AG "as an elder Statesman of the Bar" that the judgment maybe retained but Bhushan may not be punished

#PrashanthBhushan #SupremeCourtOfIndia

Justice Mishra: But if you read the tweets and his statements, it is painful to read.

This is not what is expected from a senior member like Prashant Bhushan.

And it is not just him, this has become very common now. #PrashantBhushan @pbhushan1

Justice Mishra: I belong to old class. I have reprimanded lawyers for going to press in pending cases.

There is a difference between an officer of the court and a politician.

If you are going to press for everything, you are over identifying without your causes. @pbhushan1

Justice Mishra referring to the contempt case that was initiated by AG

"I am demitting office so now I can say something about it. What happened there was AG and SC was wrongly quoted"

Lawyers of Bhushan's standing when they say something, tweet something, it goes somewhere.

Justice Mishra: You have to differentiate somewhere.

Fair criticism is not a problem, it is for the benefit of the institution.

#SupremeCourt #PrashantBhushan @pbhushan1

Justice Mishra: You are part of the system, you cannot destroy the system.

We have to respect each other.

#PrashantBhushan
@pbhushan1

Justice Mishra: We're not separate from Bar, we have come from the Bar only.

After doing every sacrifice, what we obtain?

We cannot go to Press

#PrashantBhushan
@pbhushan1

Justice Mishra: Now I'm demitting office,

I'll never go to Press.

Can we go to press, we cannot go to press, that is the ethics we have to maintain.

#PrashantBhushan @pbhushan1

Justice Mishra: So many things in and out we know but we cannot go to Press.

We have taken an oath, we are bound by it.

#PrashantBhushan
#SupremeCourt
#SupremeCourtOfIndia

Justice Mishra: Everybody is criticising us, but have we taken any action?

Now Prashant is convicted but has he been punished?

Tell us.

#PrashantBhushan @pbhushan1 #SupremeCourt #SupremeCourtOfIndia

Justice Mishra:

Consider our pain.

We are giving our comments right now!

#PrashantBhushan @pbhushan1 #SupremeCourt #SupremeCourtOfIndia

Dhavan intervenes to support justice Mishra's comment

"I agree, before a case comes before the Court, it should not go to the Press.

If something is placed on record, it should not be pre-released"

#PrashantBhushan @pbhushan1 #SupremeCourt #SupremeCourtOfIndia

Justice Mishra: Even everything that is transpiring in Court everyday, everyday this Bar & Bench and LiveLaw are reporting one sided and incorrectly.

Justice Gavai asks if it is appropriate for lawyers to interview or attend or give webinars on sub judice matters.

Dhavan agrees that lawyers "have no business" making comments on sub judice matters.

#PrashantBhushan @pbhushan1

Dhavan: Now I don't think the Bar should say anything more than this.

Court wants to hear AG's final comments

AG: I see Your Lordships' trouble that Judges cannot defend against the allegations made. #PrashantBhushan

Attorney General: Can his defence be taken into account without hearing the Judges who are third parties

He has again and again reiterated that he has greatest respect for the institution

@pbhushan1

AG: Your Lordships can say that the defence cannot be accepted and leave the matter at that.

Justice Mishra: But why such statements should be made?

AG: That is a different subject

Justice Mishra:

How long will the system suffer criticism?

Who will protect the system?

The Bar has to protect them

#PrashantBhushan @pbhushan1 #SupremeCourt #SupremeCourtOfIndia

Justice Mishra: what is bad in apology.

AG: Admission of guilt is perhaps what it feels like

@pbhushan1 #PrashantBhushan #PrashantBhushanCase

Justice Mishra: If you are hurting someone, then what is wrong in apologising?

I'm not commenting on Prashant right now but I'm saying generally

@pbhushan1 #PrashantBhushanCase #PrashantBhushan

Justicr Mishra refers to Mahatma Gandhi and apologising for causing hurt to someone's feelings.

#PrashantBhushanCase @pbhushan1 #SupremeCourt #SupremeCourtOfIndia

Justice Mishra: You should apply balm if you have caused hurt

#PrashantBhushanCase @pbhushan1 #SupremeCourt #SupremeCourtOfIndia

Hearing concludes.

Justice Mishra thanks everyone

#PrashantBhushanCase @pbhushan1 #SupremeCourt #SupremeCourtOfIndia

[Breaking] Don't make him a martyr by punishing him, Rajeev Dhavan; Bench reserves verdict on Prashant Bhushan contempt sentence

#PrashantBhushanCase @pbhushan1 #SupremeCourt Rajeev Dhavan #SupremeCourtOfIndia

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