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SC turns the table on Prashant Bhushan

By Mukul Shukla- 31 Aug 2020
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Prashant Bhushan's lawyer Rajeev Dhawan on Monday was quick in depositing a fine of Re one in the contempt case against his client. following a Supreme Court verdict in this regard. By accepting his lawyer's deft move, Prashant Bhushan has clearly signaled that "no bona fide belief "for him is stronger than the practical consideration of his personal wellbeing and his highly profitable legal practice. The self-proclaimed martyr has refused to become a martyr. Mercifully, Bharatvarsha has been saved from one more fake martyr. 

Indeed, by imposing a token fine of Re 1 on lawyer and activist Prashant Bhushan as punishment in connection with the contempt of court case against him, the three-judge Supreme Court bench headed by Justice Arun Mishra and comprising Justices B R Gavai and Krishna Murari on Monday was seen as extending a long rope to Bhushan.to either hang himself or extricate himself by compromising his oft-repeated and loudly proclaimed principles that veered on contempt for everyone, particularly the judiciary and the ruling party. 

While directing Bhushan to deposit Re 1 fine with its registry by September 15, the bench ruled that in case of default, Bhushan will be barred from practicing law for three years and will be imprisoned for three months.

The bench held that Bhushan had interfered in the functioning of the judiciary. It pointed out that while the right to freedom of speech can't be curtailed, the rights of others need to be respected.

On August 14, Bhushan was held guilty of contempt of court over his derogatory tweets against the judiciary. Those tweets, said the Court, could not be said to have been a fair criticism of the functioning of the judiciary made in the public interest. 

On August 25, senior advocate Rajeev Dhavan, representing Bhushan, had requested the top court to show "judicial statesmanship" and not make Bhushan a "martyr" by punishing him for contempt over his tweets.

Dhavan had said that reprimanding Bhushan like "don't do it again" will not be correct and instead a statesman-like message should be there like "Mr. Bhushan though we disagree with many things, from next time you should be more responsible".

Attorney General KK Venugopal had urged the top court to forgive Bhushan with a warning that he should not repeat this act. He also said that Bhushan should withdraw all statements and express regret.

The SC had given 30 minutes to Bhushan to "think over" on withdrawing his statements made in the court and said he made "disparaging remarks against the institution and the judges".

The bench on August 20 had asked Bhushan to reconsider his "defiant statement" and tender "unconditional apology" for the contemptuous tweets till August 24.

However, Bhushan refused to apologize to the Supreme Court, saying what he expressed represented his bona fide belief which he continued to hold.

(By Mukul Shukla)

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