Hearing has started for the punishment of Prashant Bhushan, who has been convicted of contempt for his controversial tweets on the Supreme Court.
Prashant Bhushan commented on the Supreme Court and the Chief Justice in two of his tweets. Justice Arun Mishra is hearing this case.
During the hearing, Justice Arun Mishra asked Attorney General KK Venugopal what in your opinion should be punished. Justice Arun Mishra also said that we should not be influenced by media reports.
Justice Mishra also told the Attorney General not to mention the statements of former judges of the Supreme Court. When asked about the punishment, Attorney General KK Venugopal said that Prashant Bhushan can be given a stern warning and it can be said that he should not do such things in the future.
On this, Justice Mishra said that if you look at Prashant Bhushan's statement, then you can say that there is a positive part in it and that is to say that he trusts the institution. But they have also said that they will not apologize because they have not made any mistake.
Justice Mishra said that everyone makes mistakes, but that person should also understand this.
Justice Mishra asked what he should do now. He also said that it is about an institution. The Attorney General said that even if Prashant Bhushan says that he has not committed any mistake, the court should show mercy.
Recently, Prashant Bhushan refused to apologize in this matter. He said that his statements were goodwill and if he would apologize, it would be contempt for his conscience and the institution in which he believes most.
The Supreme Court had asked Prashant Bhushan to reconsider his statements and apologize unconditionally, but Prashant Bhushan refused it.
Prashant Bhushan, 63, has been convicted of contempt of court for his two tweets and the Supreme Court believes that 'Bhushan's tweets have shaken the dignity of the Supreme Court'.
Bhushan commented on the Chief Justice in his tweets on 2 June 2020. He also criticized some other judges.
Prashant Bhushan also said in the court that what he wrote in his tweet is a fact and he has faith in it, which he has the right to express by the Constitution and democracy of the country.
Postponement hearing in another case
Another Bench will be heard in another case of contempt of court against renowned lawyer Prashant Bhushan. This case is of the year 2009 when Prashant Bhushan in an interview to Tehelka magazine commented on the former Chief Justice of the Supreme Court.
While hearing the case, Justice Arun Mishra of the Supreme Court said that since he is retiring on September 2, he does not have time to discuss the legal questions that Prashant Bhushan has raised.
The bench is headed by Justice Arun Mishra, while Justice BR Gavai and Justice Krishna Murari are its other members. The Supreme Court bench said, "After taking instructions from Chief Justice SK Bobde, another bench can hear on 10 September."
Advocate Prashant Bhushan refused to apologize in the 2009 case, but offered to clarify his statement. But on August 10, the Supreme Court turned down his explanation and decided to hear the matter in detail.
On August 17, while hearing the case, the court said that some broad legal issues are required to be resolved in this case, one of the issues is whether public statements can be made against the judges on allegations of corruption and also that such allegations What procedure should be followed
When the matter came up for hearing again on Tuesday, advocate Prashant Bhushan kept a revised list of court cases legal issues and also requested that the matter be referred to the constitutional bench.
On this, Justice Mishra said that he has less time as he is retiring. In the year 2009, Prashant Bhushan in an interview with Tehelka magazine alleged that half of the last 16 Chief Justices of India were corrupt.
The Supreme Court said that there is a thin line between freedom of expression and contempt. The judges have said that they want to balance the right to freedom of expression and the need to protect the dignity of the judges as an institution.
Advocate Prashant Bhushan, on the other hand, says that his charge of corruption was not a matter of financial corruption but a lack of proper behavior. Tarun Tejpal also apologized on this.
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