Prashant Bhushan asks SC to allow intra-court appeal in contempt cases

Activist-advocate Prashant Bhushan on Saturday filed a petition in the Supreme Court seeking a right of intra-court appeal for a person convicted for criminal contempt by the top court, before a larger and different bench.

In a writ petition, Bhushan, who himself was convicted of criminal contempt and fined Re one for his "false, malicious and scurrilous tweets", asked the court to issue directions for framing rules and guidelines in this regard or allow hearing of review petition in case of conviction before open court by a different bench.

"As there is an inherent unavoidable conflict of interest and liberty of the alleged contemnor is at stake, it is of utmost importance that certain basic safeguards are designed which would reduce, though not obviate, chances of arbitrary, vengeful and high handed decisions," he said.

Bhushan pointed out contempt proceedings are one in which the injured party, i.e. Supreme Court, acts as the prosecutor, the witness and the judge, thereby raising fear of inherent bias.

"As a judge, the power of the Supreme Court to convict and sentence the accused is unlimited and arbitrary. No one can be at once a suitor and a judge. Thus, there is a need for an intra-court appeal," he said.

Among other grounds, he said the right of appeal is a fundamental right guaranteed under the Constitution and is also provided under international law.

"This would act as a vital safeguard against wrongful conviction and would truly enable the provision of truth as a defense," his plea said.

The lawyer said it would be in the spirit of the Contempt of Courts Act, 1971 to lay down such a procedure, as in the past, the court framed special rules to deal with cases concerning the death penalty and has also devised special remedy in the nature of ‘curative petition’ against a final judgment of the Supreme Court on certain limited grounds.