“Judiciary has withstood against all sorts of pressure. If the institution is eroded or corroded in any way, it is not going to help the country,” a 3-judge bench headed by Justice Altmas Kabir said.
The court was hearing the plea of advocate Prashant Bhushan, facing contempt action, seeking reference to a Constitution Bench the issue whether “bonafide opinion” on corruption in judiciary amounted to contempt.
The apex court bench said that one can file a bonafide report but cannot express an opinion recklessly without any foundation.
Bhushan, facing contempt proceedings for his comments in 2009 on Chief Justice S H Kapadia and the judiciary in an interview to Tehelka magazine, contended that expressing bonafide opinion could not be deemed as contemptuous, though “reckless” remarks could not be allowed.
The court which posted the matter for further hearing for January 4 asked the counsel to convince it whether the issue could be referred to the Constitution bench.
The apex Court had earlier suggested advocate Prashant Bhushan to seek apology and close the on-going contempt case against him for allegedly casting aspersion on judiciary.
In an interview to Tehelka magazine, Prashant Bhushan had made certain statements about alleged corruption in judiciary incurring contempt of court proceedings.
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