In contempt case, Prashant Bhushan has been asked to pay the fine by September 15.
New Delhi: Lawyer-activist Prashant Bhushan, held guilty of contempt for his tweets criticising Chief Justice of India SA Bobde and the Supreme Court, has been fined Re 1 by the top court. If he doesn’t pay the fine by September 15, he can either face jail for three months or a ban from practicing for three years.
“Freedom of speech cannot be curtailed,” said the Supreme Court while handing down the sentence, referring to “sane advice” from Attorney General KK Venugopal to the court and to Prashant Bhushan.
Prashant Bhushan has said he will take a “collective decision” on whether to pay the fine or confront the other options.
The Supreme Court, which had asked for an unconditional apology from the lawyer, noted, “We gave several opportunities and encouragement to (Prashant Bhushan) to express regret. He not only gave wide publicity to the second statement but also gave various interviews to press.”
The court was apparently referring to Prashant Bhushan’s statement refusing to retract his comments or apologise, saying he considered it the discharge of his “highest duty” and apologizing would be contempt of his conscience and the court. Mr Bhushan also said in the statement that open criticism was necessary to “safeguard the democracy and its values.”
The statement “was to influence independent Judicial function,” the Supreme Court said, adding that while freedom of expression was important, rights of others should also be respected.
In the last hearing, Attorney General KK Venugopal had suggested that Mr Bhushan be let off with a warning. “Bhushan’s tweets seek the improvement of the administration of justice… Let democracy follow in this case when he has exercised his free speech… It will be tremendously appreciated if the court leaves it at that,” he had said.
Mr Bhushan’s counsel Rajeev Dhavan had argued that top court’s order giving him time for an unconditional apology, was “an exercise in coercion”. Mr Bhushan should be forgiven with a message he said, arguing: “One cannot be silenced forever… A message that he (Prashan Bhushan) should be little restrained in future should be enough.”
In one of the tweets, Mr Bhushan had said four previous Chief Justices of India played a role in destroying democracy in India in the last six years. Another tweet reacting to a photo of Chief Justice Bobde on a Harley Davidson last month had flagged that he was without a helmet and face mask while keeping the court in lockdown and denying citizens their right to justice.
The Supreme Court had said during arguments that freedom of speech is not absolute. “You may do hundreds of good things, but that doesn’t give you a license to do ten crimes,” the court had said.
Mr Bhushan has already expressed regret in another contempt case involving his comment that half the 16 Chief Justices of India were corrupt, in an interview to Tehelka magazine in 2009. The word corruption, he told the court, was used in “wide sense meaning lack of propriety” and not financial corruption. The Supreme Court says it wants to explore whether corruption charges can be made against sitting and retired judges and the procedure to deal with it.
