TIMES OF INDIA
THE TIMES OF INDIA | Aug 25, 2020, 15:25:41 IST
Supreme Court today adjourned the hearing in the case to September 10. SC bench agreed to refer to a appropriate bench the question of conflict between right to free speech and suo motu contempt powers of court.
SC reserves verdict on quantum of sentence to be given to Bhushan, already convicted for contempt of court.
Dhavan says SC can say it disagreed with Bhushan and lay down guidelines barring advocates from publicising their cases. It can ask Bhushan to be restrained in future.
This case and controversy can be closed by a mild reprimand of Bhushan. "If SC punishes him the controversy will snowball into a bigger one - one group making Bhushan a martyr and the other saying he is rightly punished," Dhavan said.
'Don't make Prashant Bhushan a martyr by punishing him for contempt', says Dhavan
Nobody can be forced to tender an apology in a contempt proceedings, Dhavan says.
Harley Davidson remark by Bhushan is hardly a criticism, says Dhavan. He says the SC can survive only if it shoulders strong criticism.
The SC told him on August 20 that either apologise or get sentenced, Dhavan said. "This is nothing but a coercion on the part of SC," he said.
Dhavan says if it is Bhushan's sincere views about four former CJIs purported role during last six years when according to him democracy was destroyed, then "apology could not be the crutches" to get out of contempt of court proceedings.
SC gives Bhushan 30 minutes to withdraw charges against it
Top court gives 30 minutes to Prashant Bhushan to 'think over' his stand of not expressing regret over his contemptuous tweets against judiciary
A person should realise his mistake; we gave Bhushan time but he says he will not apologise: SC
Court should warn Prashant Bhushan and take a compassionate view, Attorney General tells SC
The court can speak only through orders; even in his affidavit, Prashant Bhushan made disparaging remarks: SC
Prashant Bhushan says SC has collapsed, is it not objectionable, the top court bench asks AG
Bhushan should withdraw all allegations against SC to be let off with a warning. That will be fitting end to this unfortunate case. SC - leniency must be preceded by Bhushan withdrawing all allegations against SC and CJIs.
Attorney General KK VenugopalPrashant Bhushan has freedom of speech; but says he will not tender an apology for contempt: SC
AG says SC can "tell him not to repeat it (whatever he said in tweets) again and leave it at that." AG was responding to SC, which asked him about quantum of punishment for Bhushan who has already been convicted for contempt of court.
In the tweet contempt case against Prashant Bhushan, attorney general K K Venugopal tells SC to forgive Bhushan. "SC can warn him but not punish him," he says.
Justice Mishra says since Bhushan's counsel Rajeev Dhavan has raised many questions which would require lengthy hearing, and since there is paucity of time, "let the matter be placed before CJI for assigning it to appropriate bench for hearing on September 10"
SC bench agrees to refer to a appropriate bench the question of conflict between right to free speech and suo motu contempt powers of court in the 2009 contempt case against activist lawyer Prashant Bhushan, which was initiated for calling half of 16 former CJIs 'corrupt'.
Bhushan had further added, Public expression of these beliefs was, I believe, in line with my higher obligations as a citizen and a loyal officer of this court.