SC to pronounce judgement on Aug 14 on Suo Motu contempt action against Bhushan for tweets

The Supreme Court is scheduled to pronounce on Friday its judgement in Suo Motu criminal contempt proceedings initiated against advocate Prashant Bhushan for his tweets on CJI S A Bobde riding a bike and alleged role of last four CJIs in the destruction of democracy in the country.

A bench of Justices Arun Mishra, B R Gavai and Krishna Murari had reserved its judgement on August 5 after elaborate hearing granted to Bhushan, who was represented by senior advocate Dushyant Dave.

Dave asked the court to drop contempt proceedings against Bhushan, saying there was nothing wrong in criticising the judiciary. Those tweets, including the one related to CJI sitting on a high-end bike, did not attack the independence of the judiciary or caused obstruction in administration of justice, he said.

Dave, also SC Bar Association President, also referred to sexual harassment case against then CJI Ranjan Gogoi, saying all charges against the woman-employee were dropped and no contempt was issued against her. It showed she was speaking the truth.

He referred to the matter related to Article 370, saying those petitions were not listed for months. Dave also cited the Tablighi Jamaat issue where the matter related to the media's alleged hate campaign was taken cognisance of but was not listed for a long time.

He said people like Bhushan took up cases which executive was not willing to. Bhushan's invaluable and untiring efforts in several landmark cases can't be ignored. Had he been pro-establishment, he would have been conferred with 'Padma Vibhushan', Dave said.

The advocate was issued a 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 also 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".

On August 5, the court rejected a petition by Bhushan, challenging entertaining of a "defective" contempt plea by the court, in violation of his right to life and liberty under Article 21 of the Constitution.

Bhushan sought to recall the order on listing the petition by one Mahek Maheshwari against him on July 22 due to procedural irregularities.

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

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 a copy of the administrative order.