Prashant Bhushan case: If you have hurt someone, why can't you apologise, asks SC

The Supreme Court on Tuesday failed to extract any apology from advocate Prashant Bhushan for his statements against the top court and its judges, even as Attorney General K K Venugopal insisted on letting him go with a warning in a Suo Motu criminal contempt case for his tweets.

The top court, which reserved its judgment on the quantum of sentence against Bhushan, rued that judges are condemned, their families humiliated and they can't even speak.

"It is about the system. If we are going to destroy each other, who will have faith in this institution? You have to be tolerant, see what the court is doing and why. Don't just attack. Judges can't go to press to defend themselves or explain," a bench presided over by Justice Arun Mishra asked the counsel appearing in the matter.

Bhushan, for his part, remained obstinate with his counsel Rajeev Dhavan asking the court to show large-heartedness in facing not just criticism but extreme criticism. He said the Court should close the matter without any punishment, warning or debarring him from practice, but with a general message, warning him to be a "little restrained" in future.

"What is so bad in apologising, if someone has made a mistake? What is wrong in seeking an apology? If you have hurt someone, why can't you apologise," the bench asked Bhushan's counsel Dhavan and Attorney General Venugopal.

The bench, also comprising Justices B R Gavai and Krishna Murari, noted some positive point in Bhushan's supplementary statement, furnished on Monday, that he had faith in the Institutions. The court had on August 20 given him an option to tender an unconditional apology for tweets posted on June 27 and 29.

The court, which held Bhushan guilty of contempt on August 14, said he had gone to the extent of quoting Mahatma Gandhi but he could not apologise and his statement justified the tweets.

Venugopal suggested to let Bhushan withdraw all his statements and that the court should close the matter by showing statesmanship if he expressed regret.

The bench, however, asked him what is the purpose of it if the person does not realise his mistake and repeats it. In about four-hour-long hearing, the court gave 30 minutes time to Bhushan to think over his statement. However, he remained unmoved.

During the hearing, the court cited Bhushan's comments against judges who decided Ayodhya dispute, saying except one (then CJI Ranjan Gogoi) four others, who were on the bench, are still sitting judges of the top court. "Which judge has been left out, sitting or retired, from his attack," the court asked.