<p>“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.<br /><br />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.<br /><br />The apex court bench said that one can file a bonafide report but cannot express an opinion recklessly without any foundation.<br /><br />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.<br /><br />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. <br /><br />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.<br /><br />In an interview to Tehelka magazine, Prashant Bhushan had made certain statements about alleged corruption in judiciary incurring contempt of court proceedings.<br /></p>
<p>“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.<br /><br />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.<br /><br />The apex court bench said that one can file a bonafide report but cannot express an opinion recklessly without any foundation.<br /><br />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.<br /><br />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. <br /><br />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.<br /><br />In an interview to Tehelka magazine, Prashant Bhushan had made certain statements about alleged corruption in judiciary incurring contempt of court proceedings.<br /></p>
