Prashant Bhushan is been held for tweeting against CJI Bobade and also in another tweet he has tried to raise questions on Hon’ble Supreme Court.
Mr. Prashant Bhushan has always been in the news for his controversial tweets against Government and the system. However recently he is been held for tweeting against CJI Bobade and also in another tweet he has tried to raise questions on Hon’ble Supreme Court.
For this Activity, Supreme Court has held Mr. Prashant Bhushan, under Contempt Of Court, for which the final hearing to decide upon the punishment would be on 20th August, 2020.
The Story specifically revolves around two tweets that spread on the internet and social media platforms like a wildfire. The first tweet where he attacked Judiciary stating in his tweet:
“When historians In future look back at the last 6years 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 CJI’s[1]“
The Second tweet where he posted a Photo of Current Chief Justice Of India.
Mr. Bhushan however tweeted with a caption on CJI Bobabde’s Photo:
“CJI rides a 50 Lakh motorcycle belonging to a BJP leader at Raj Bhavan Nagpur, without a Mask or helmet, at a time when he keeps the SC in Lockdown mode denying citizens their Fundamental Rights to Access Justice“
On July 22, the top court issued Show Cause notice to the lawyer after initiating the criminal contempt against him, saying that the tweets had “brought the administration of Justice to Disrepute”.
In defence, he made an apology on twitter itself that he didn’t see the bike on stand and therefore it is his ignorance but he didn’t intend to disrespect CJI.
Initially, a petition was filed similar to this in against an Advocate from MP, who tweeted against the photo, and then the court took a Suo Moto action into it. Now the Court said that
“The Scurrilous Allegations, which are malicious in nature & have the tendency to scandalize the court are not expected from a person, who is a lawyer of 30yrs of standing, In our Considered view, it cannot be said that the above tweets can be said to be a fair criticism of the functioning of Judiciary, made bonafide in the public Interest.“
When you are serving Judiciary, you cannot criticize the same, you cannot raise question on law & order that means you consider yourself superior than the law & order & Judiciary.
Every Citizen of this country approaches the court, when his rights are infringed that shows the faith of people in Judiciary, but the highest court of the country has its own respect. Even if a person feels, he cannot just publicly start criticizing & defaming the functioning of Judiciary, Because it is a rule where one party gets their justice, the other doesn’t. The Highest positions in the country, set by our law, has to be respected, no matter what, without any suitable evidences, one cannot blindly express their views, that two against the Apex court & chief Justice of India and judges.
The issue is about the respect of Constitutional powers and not personal, where you can change the matter according to your own thoughts and ideologies.
Prashant Bhuushan’s advocate i.e. Adv . Dushyant dave, presented a petition of 142 pages in the court in defence of Bhushan, however the Hon’ble Court was still on the view that he has committed Contempt and therefore the decision in relation to his punishment would be given on 17th , now that the Guilt has been pronounced. All the rumours that circulated as to conspiracy being made against Bhushan and that the court is ineffective in the matters that involves its own people, has been quashed now.
Hon’ble SC at the end, in its 108pages long judgement :
“The Indian Constitution has given a special role to the constitutional courts of this country. The Supreme Court is a protector of the fundamental rights of the citizens, as also is endowed with a duty to keep the other pillars of democracy i.e. the Executive and the Legislature, within the constitutional bounds.“
There is no doubt that this punishment to Bhushan and arguments by the Hon’ble court will set a Precedent, as no person would ever try to disrespect Judiciary and its Functioning.
[1] Source – Twitter, Dated June 27th, 2020.
