SC rejects Prashant Bhushan's plea in contempt case

The Supreme Court on Wednesday rejected a petition by activist-advocate Prashant Bhushan, challenging entertaining of a "defective" contempt plea in violation of his right to life and liberty under Article 21 of the Constitution.

A bench presided over by Justice Arun Mishra dismissed the writ petition by Bhushan, which sought to recall the order on listing the petition by one Mahek Maheshwari against him on July 22 in a fresh contempt, and the July 24 order in 2009 contempt case for being "unconstitutional, illegal, void and non-est".

Maheshwari, a Gwalior-based lawyer, had filed a contempt petition against Bhushan which was converted into Suo Motu criminal contempt.

After hearing senior advocate Dushyant Dave on behalf of Bhushan, the bench, also comprising Justices B R Gavai and Krishna Murari, declined to entertain the plea, pointing out alleged procedural irregularities. Bhushan also claimed to accept the petition by Maheshwari, filed without consent from the Attorney General or the Solicitor General, was illegal in terms of Section 15 of the Contempt of Courts Act.

He also submitted the matter could not have been placed before a bench led by Justice Arun Mishra without providing him with a copy of the administrative order.

Meanwhile, the court reserved its judgement in the Suo Motu criminal contempt against Bhushan.

The advocate issued the notice on July 22 for his tweet on June 27, wherein he accused four CJIs of "playing a role in the destruction of democracy". He faced the adverse action for another tweet on June 29, wherein he accused the current CJI of "riding a Rs 50 lakh bike of a BJP leader" and keeping "the SC in lockdown denying citizens their fundamental right to justice".