JOIN USPrashant Bhushan asks Supreme Court to review Re one fine in contempt case
Activist-advocate Prashant Bhushan on Thursday approached the Supreme Court with a review petition against August 31 judgement which directed him to pay Re one fine, or suffer three months jail and get debarred from practice for three years in a suo motu contempt case for his tweets against the judiciary.
He claimed the judgement of sentence, passed by a three-judge bench presided over by Justice Arun Mishra (since retired), contained several "errors apparent on the face of record". He said it was 'per incuriam' (without legal basis) as no semblance of procedure was followed by the court in the case.
"At no point was petitioner put to notice that the court was contemplating such a drastic action against him," he said.
He said the denial of opportunity to him to lead evidence was not only in explicit contravention of the Contempt of Courts Act, 1971 but in the teeth of the judgement of co-ordinate bench in R K Anand vs Delhi High Court (2009).
In the instant case, mere mounting of the defence of truth was treated to be an “aggravation” of contempt for which he already stood convicted, his plea stated. Among other grounds, he said the sentence of imprisonment in default of the fine was disproportionate and contrary to statutory guidelines and policy.
Bhushan, who had already deposited Re one fine on September 14, sought an oral hearing in the review petition.
He had already sought review of August 14 judgement that held him guilty of criminal contempt, saying it was "erroneous on its face because it does not consider the totality of facts".
Bhushan asked the court to rehear the matter after granting an open-court hearing in the matter.
He also filed a separate writ petition, contending that there must be an appeal procedure created for conviction under the contempt.
Bhushan is facing another contempt case arising out of his interview to Tehelka magazine in 2009, accusing more than half of 16 former Chief Justices of India of corruption.