Thread by @TheLeaflet_in

Prashant Bhushan contempt case regarding his two tweets: Supreme Court asks Attorney General Venugopal to guide the bench what is to be done.

Yesterday Bhushan reiterated his tweets and declined to apologise.

#PrashantBhushan

AG Venugopal: This is a fit case to forgive Bhushan. The statements made by Bhushan should be viewed as request to the court to improve itself.

#PrashantBhushan

AG: Bhushan may be given a warning. He need not be punished.

#PrashantBhushan

AG: Retired and sitting judges have themselves made comments about the Supreme Court.

"At least 5 judges have made comments about SC having failed to protect democracy", the AG Venugopal submits.

#PrashantBhushan

In response to the query of the bench as to what should be the punishment for Bhushan, the AG says to tell him not to repeat whatever he has said in tweets and leave it at that.

#PrashantBhushan

AG: This is a case where the Court can take a compassionate view and it will be appreciated by the Bar and will also befit the status of the Court.

#PrashantBhushan

Justice Arun Mishra: What is the purpose of giving warning if he (Bhushan) has no feeling that he has done something wrong.

#PrashantBhushan

JJustice Mishra: You (AG) filed contempt against him (Bhushan) for a remark by Bhushan that the AG had misled the court in a case.

AG: I withdrew that case.

Justice Gavai: Yes but only after he expressed regret.

AG suggests the court that the response of Bhushan be taken off the record. Justice Arun Mishra, in response, says how can his response be taken off the record when he says it is his bona fide belief.

#PrashantBhushan

AG says Bhushan be given an opportunity to express his regret as he did in the 2009 case.

#PrashantBhushan

Referring to various submissions made by Bhushan in his reply, the Court says he has adversely commented against the court.

AG: Perhaps if he withdraws all these, then your lordships could consider forgiving him.

#PrashantBhushan

The bench rises for lunch.

Hearing to resume after 30 minutes.

#PrashantBhushan

Senior advocate Rajeev Dhavan says bonafides of the contemnor should be looked into. It is a very important factor when it comes to sentencing.

#PrashantBhushan

Dhavan: The term "scandalising" court is subjective.

#PrashanthBhushan

Dhavan: 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.

#PrashantBhushan

Dhavan: The Court's last order giving Bhushan time to tender an unconditional apology looks like as if a contemnor is being coerced to give an apology. It was an exercise in coercion.

#PrashantBhushan

Dhavan: When a person is indicted for contempt, is he not expected to offer a defense?

#PrashantBhushan

Dhavan: An apology should not be to get out of the clutches of the court. It should be sincere.

#PrashantBhushan

Dhavan: What Bhushan has said is his sincere belief. I am proud of many judgments of this court but I am also not proud of many judgments.

#PrashantBhushan

Dhavan: We criticise this court when we feel sincere about this institution.

#PrashantBhushan

Dhavan: The judgment holding #PrashantBhushan guilty of contempt of court should be recalled suo motu.

Dhavan: In my opinion, your Lordships may say that the Bar should be a little restrained in their criticism of the court and should be sure about facts. And close this case.

#PrashantBhushan

Justice Arun Mishra: Suppose we decide to punish him, what should be the punishment.

Dhavan: AG has suggested a reprimand but I would say not even a reprimand but a general statement.

#PrashantBhushan

Dhavan: The effect of the sentencing Prashant Bhushan may result in making him a martyr. We don't want this controversy to continue. This controversy will continue depending on the sentence that you give Bhushan.

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

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Justice Mishra: It was painful to read his (Bhushan) reply in justification of his tweets. It was absolutely improper.

#PrashantBhushan
#JusticeArunMishra

Justice Mishra expresses displeasure at the practice of lawyers going to the press in sub-judice matters. When a person like Bhushan makes a statement, it has weight. People will believe it.

#PrashantBhushan

Justice Mishra: Live reporting of the Court proceedings is often one-sided and in many cases wrong. But we have not taken any action.

Justice Mishra: If you are hurting someone, then what is wrong in apologising? I'm not commenting on Prashant Bhushan right now but I'm saying generally.

#PrashantBhushan

Hearing on sentencing concluded. Order reserved.

#PrashantBhushan