The Supreme Courtroom on Friday discovered advocate Prashant Bhushan responsible of contempt of court docket for tweets he had posted over the previous couple of weeks. “When historians in future look back at the last 6 years to see how democracy has been destroyed in India even without a formal Emergency, they will particularly mark the role of the Supreme Court in this destruction, & more particularly the role of the last 4 CJIs,” Bhushan had stated in one of the tweets towards which the court docket had taken suo moto cognisance.
Bhushan’s different tweet had an image of Chief Justice making an attempt out a high-end motorbike in Nagpur, contrasting it with a declare that poor individuals weren’t having access to justice because of the court docket being locked down amid the pandemic. The judgement countered this tweet by saying that Bhushan himself had appeared in court docket as each a petitioner and litigator throughout this era, and an FIR towards him in Could was stayed too.
“Demoralize[s] the Judges”
“No doubt, that it may be better in many cases for the judiciary to adopt a magnanimously charitable attitude even when utterly uncharitable and unfair criticism of its operations is made out of bona fide concern for improvement,” the Justice Arun Mishra-led bench stated in its judgement.
“However, when there appears some scheme and design to bring about results which have the tendency of damaging the confidence in our judicial system and demoralize the Judges of the highest court by making malicious attacks, those interested in maintaining high standards of fearless, impartial and unbending justice will have to stand firmly. If such an attack is not dealt with, with requisite degree of firmness, it may affect the national honour and prestige in the comity of nations,” the judges stated of their 108-page order. Bhushan, who was represented by advocate Dushyant Dave, had argued that his statements didn’t quantity to contempt of court docket, and stated that his tweets have been honest criticism that may not hamper the court docket’s functioning.
Bhushan’s sentence has not but been decided. The court docket accepted Twitter’s argument that it was simply an middleman underneath the Info Expertise Act, 2000, and discharged the corporate from the case after it restricted Bhushan’s tweets in India.
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