SC to decide if corruption charges against judge be made public before probe

The Supreme Court on Monday decided to consider what procedure should be adopted if statements are made in public alleging corruption in sitting and retired judges.

A bench of Justices Arun Mishra, B R Gavai and Krishna Murari said the court would also consider what could be circumstances when a statement on judicial corruption was made in public.

The court decided to examine these issues while considering a 2009 contempt case against advocate Prashant Bhushan for alleging corruption in past Chief Justices of India.

Senior advocate Rajeev Dhavan, appearing for Bhushan, said the matter can be referred to the Constitution bench after closing the present matter.

He, along with senior advocate Kapil Sibal, appearing for then editor of Tehelka magazine Tarun Tejpal, asked the court to put a quietus to the case.

"Putting a quietus was not an issue but the question before us was when a matter is sub judice, to what extent, it can be argued through media," the bench asked.

At the outset, Dhavan told the court the judgement delivered on August 14, holding Bhushan guilty of criminal contempt for his tweets suffered from great imbalances. He said Bhushan would file a review petition in the matter. He also said alleging corruption in retired judges would attract provisions of the Contempt of Courts Act.

The court decided to consider the matter next week.

Bhushan has filed a written submission, saying allegations of corruption in judges per se would not amount to contempt.

He has already been held guilty of criminal contempt on August 14 in a separate case for making two tweets. The court has fixed August 20 to consider the quantum of sentence against him.