CJAR condemns decision to convict Prashant Bhushan; asks SC to reconsider judgment

The Campaign for Judicial Accountability and Reforms on Saturday condemned the Supreme Court's judgment of August 14 holding advocate Prashant Bhushan guilty of criminal contempt.

It said his tweets being expressions of anguish and a bonafide criticism of the court and the Chief Justice of India, were fully protected under Article 19(1)(a) of the Constitution and cannot be stifled by a such a conviction.

In a statement, the group having a retired judge, Justice P B Sawant, former law minister, and senior advocate Shanti Bhushan among others as their patrons, called upon each and every sitting judge of the Supreme Court to reconsider this decision. It said the judgment has, more than anything, harmed the court’s own prestige and dignity in the eyes of the public.

"When the functioning of the court has been disrupted due to the Covid-19 pandemic and important cases concerning the rights of millions are being adjourned for weeks and months, the haste with which the court has proceeded to hear and convict Bhushan is unseemly and sends a message of stern consequence to those who choose to express themselves in manners that are not palatable to judges," it said.

The Supreme Court has enjoyed a hallowed status due to the work of progressive and thoughtful judges who have expanded human rights and defended liberty. Respect and dignity cannot be demanded from citizens on the threat of contempt, it contended.

Maintaining that criminal contempt to prop up the court’s dignity was an archaic and obsolete law, the group said once hailed as one of the “most powerful Constitutional courts” in the world, it was unfortunate that the court was intolerant of even the most temperate and well-intentioned criticism.