SC to pass order in 2009 contempt case against advocate Bhushan

The Supreme Court is scheduled to pronounce on Monday its judgement in the 2009 contempt case against advocate Prashant Bhushan on his charge of corruption among former CJIs.

A bench presided over by Justice Arun Mishra would decide whether the court would accept an explanation, including regret by Bhushan, and close the contempt case against him.

In case, the court rejected his explanation, it would then proceed further to examine the case.

On Tuesday, August 4, Bhushan refused to apologise for his 2009 interview with Tehelka magazine, wherein he accused eight out of 16 former Chief Justices of India of corruption.

However, he has expressed regret, if his statement caused hurt to judges or their family members and if it was misunderstood to lower the reputation of the judiciary.

Before reserving the order, the bench, also comprising Justices B R Gavai and Krishna Murari had the said that any statement of corruption in the judiciary per se would amount to contempt.

The court said that there was a thin line between free speech and contempt. It also told the counsel to save the system's grace and bring an end to the matter.

In his statement, Bhushan said he had used the word corruption in a wide sense meaning lack of propriety. "I did not mean only financial corruption or deriving any pecuniary advantage. If what I have said caused hurt to any of them or to their families in any way, I regret the same. I unreservedly state that I support the institution of the judiciary and especially the Supreme Court," he said.

Bhushan is facing another Suo Motu criminal contempt for two tweets issued in June on the role of four CJIs in "destruction of democracy" and current CJI riding a high-end bike and shutting the Supreme Court. The same bench had reserved its judgement in this separate matter.