The Supreme Court awarded time till August 24 for Advocate Prashant Bhushan to submit an “unconditional apology,” if he wishes, in the disrespect case.
On Thursday, the Supreme Court awarded time till August 24 for Advocate Prashant Bhushan to submit an “unconditional apology,” if he wishes, in the disrespect case. Oddly, the order stated in the Supreme Court website in the evening does not talk about the presence of the Attorney General, KK Venugopal. This is notwithstanding the statement that the AG was current throughout the 2 & half hours lengthy hearing on the verdict in the contempt case & had even received submissions. It may be remarked that the order passed by the Court on August 5, while reserving judgment in the contempt case, had documented the presence of Attorney General. During the trial, Justice Arun Mishra, the supervising judge of the bench, had referred the AG as to whether time should be decided to Bhushan to “think over” and “reconsider” the declaration made by him before the Court justifying his tweets & stating consternation at the verdict uttering him guilty. The AG decided that he should be offered time. The Attorney General also demanded the bench not to punish Bhushan, pondering the enormous public good done by him. But the bench did not treat the top law officer further on this part by saying it was not contemplating the merits of the matter.
At the end of the trial, the AG attempted to submit that numerous former judges have ranted that the Supreme Court has failed democracy and that there was fraud in the higher judiciary. However, the bench disrupted him and said that the facts of the matter were not underneath consideration. If 5 judges of this Court have held that democracy has unsuccessful…- before AG could end this sentence, Justice Mishra meddled and said they do not hear on merits. Though the Court had released a notice to the AG in the contempt case, requesting his support in the matter, it opted not to hear him during the trial of the case. The verdict carrying Bhushan guilty of contempt was thus evident without hearing the AG. During the beginning of the trial on Thursday, Senior Advocates Dushyant Dave & Rajeev Dhawan, frequently said that the Attorney General had been awaiting in the case & implored the bench to hear him.
Justice Mishra stated that the Court was anxious that it had published a notice to the AG & must not be reminded about that. The Supreme Court order declares that if Bhushan offers an unconditional apology by August 24, the bench will consider it on August 25. During the starting stage of the hearing today, Bhushan made a declaration before the Court, stating disappointment at the Court declaring him guilty for 2 tweets.
Prashant Bhushan stated that his tweets were not anything but a small effort to fulfill what he considered to be his highest duty at this moment in the history of our republic. He did not tweet in a match of lack of mindedness. It would be disingenuous and contemptuous on his part to extend an apology for the tweets that conveyed what was and remains to be his excellent belief. Hence, he can only humbly rephrase what the father of the nation Mahatma Gandhi had told in his trial: he does not ask for forgiveness. He does not appeal to generosity. He was there, therefore, to happily submit to any penalty that can lawfully be imposed upon him for what the Court has decided to be an offense, & what seems to him to be the supreme duty of a citizen.
The bench was not supportive of the statement & queried Bhushan if he would like to reassess it. However, Bhushan hoisted by the statement and told that it was adequately considered & good thought of. He said that giving time will not provide any purpose as it was doubtful that he will alter it.
