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HomeJudiciarySC refuses to accept Prashant Bhushan's explanation in 2009 contempt case

SC refuses to accept Prashant Bhushan’s explanation in 2009 contempt case

In an interview to Tehelka in 2009, advocate Prashant Bhushan had made allegations against former CJIs. Hearing on the matter will commence on 17 August.

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New Delhi: The Supreme Court Monday refused to accept advocate Prashant Bhushan’s explanation for his interview to Tehelka in 2009, when he had made allegations of corruption against past chief justices of India, and decided to proceed with the decade-old contempt case against him.

A bench led by Justice Arun Mishra said the hearing will commence on 17 August, adding that whether the statements given by Bhushan would per se amount to contempt or not, it will be heard on merit.

The bench turned down the request of senior advocate Shanti Bhushan, who is also Bhushan’s father, to list the matter once physical court hearings resume.

“Before reaching any finding whether the statement made as to ‘corruption’ would per se amount to contempt of court, the matter is required to be heard,” the bench pronounced.

The SC had on 4 August reserved its order after Bhushan offered an explanation for his interview but did not tender an apology.

The same bench is also expected to pronounce its verdict on the second contempt case against Bhushan for his tweets criticising the incumbent and past CJIs.


Also read: Why I look forward to Prashant Bhushan’s contempt case hearing, if it’s full and fair


Bhushan had refused to tender apology

In a statement furnished to the court, which was also released to the media, Bhushan had refused to tender an unconditional apology for the interview, but expressed regret if his comments had caused any hurt or lowered the prestige of the judiciary.

“In my interview to Tehelka in 2009, I have used the word corruption in a wide sense meaning lack of propriety. I did not mean only financial corruption or deriving any pecuniary advantage,” his statement read.

He asserted that he “regrets the same” if his remarks “caused hurt to any of them or to their families in any way”.

Bhushan maintained that he supported the institution of the judiciary, and especially the Supreme Court.

He clarified that he had no intention of lowering the prestige of the judiciary in which he has complete faith.

“I regret if my interview was misunderstood as doing so, that is, lower the reputation of the judiciary, especially the Supreme Court, which could never have been my intention at all,” his statement added.

Case against Bhushan

The case against Bhushan dates back to November 2009 when he gave an interview to Tehelka magazine in which he had allegedly made serious imputations against former chief justices of India S.H. Kapadia and K.G. Balakrishnan.

Suo motu cognisance of the statements was taken by the SC after a complaint was filed by senior advocate Harish Salve. Before this year, the matter was last heard in May 2012.

The matter got listed around 21 July 2020 when Bhushan was issued a contempt notice his tweets against CJIs.


Also read: 7 former SC judges back lawyer Prashant Bhushan, support call to withdraw contempt notice


 

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1 COMMENT

  1. An open hearing would have brought sunshine to bear on the working of the most powerful public institution in the country. Shri Prashant Bhushan’s 172 page affidavit has placed a lot of material on record. It will be educative to observe how the case proceeds. Sometimes the public too can be a judge, a remarkably discerning one.

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