Hearing a 2009 contempt case against Prashant Bhushan, the Supreme Court on Tuesday requested the CJI for another 'appropriate' bench as the judge is set to retire soon and also the activist-lawyer wanted a larger bench.
"I am short of time. I am demitting office", J Mishra observed as he listed the matter for September 10 before an appropriate bench.
In the latest contempt case that deals with Bhushan's tweet against the judiciary, the lawyer refused to say sorry and said that an insincere apology would amount to the contempt of my conscience and of an institution. He said this in his supplementary statement filed in the suo motu (on its own) contempt case against him by the top court.
An apology for expression of his beliefs, conditional or unconditional, would be insincere, he said.
Bhushan said as an officer of court he believes as a duty to speak up when he believe there is a deviation from its sterling record.
Therefore I expressed myself in good faith, not to malign the Supreme Court or any particular Chief Justice, but to offer constructive criticism so that the court can arrest any drift away from its long-standing role as a guardian of the Constitution and custodian of peoples' rights, he said.
On August 20, the top court had granted time till August 24 to Bhushan to reconsider his defiant statement refusing to apologise and tender unconditional apology for contemptuous tweets against the judiciary and rejected his submission that quantum of punishment be decided by another bench.
The apex court, on August 14, had held Bhushan guilty of criminal contempt for his two derogatory tweets against the judiciary saying they cannot be said to be a fair criticism of the functioning of the judiciary made in the public interest.
He faces simple imprisonment of up to six months or with a fine of up to Rs 2,000 or with both as punishment.
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