Thread by @LiveLawIndia, Supreme Court Bench headed by Justice Arun Mishra TODAY to consider two [...]

Supreme Court Bench headed by Justice Arun Mishra TODAY to consider two contempt cases against @pbhushan1

#PrashantBhushan
#contemptofcourt

On August 14, a 3-judge bench of the Supreme Court had held Bhushan guilty of contempt of court for his tweets against the SC and the Chief Justices of India https://www.livelaw.in/top-stories/sc-holds-prashant-bhushan-guilty-of-contempt-for-tweets-against-judiciary-161391

[Breaking] SC Holds Prashant Bhushan Guilty Of Contempt For Tweets Against Judiciary; Will Hear Him...

The Supreme Court on Friday held Advocate Prashant Bhushan guilty of contempt of court in the suo moto contempt case taken against him over two of his tweets about the Chief Justice of India and...

https://www.livelaw.in/top-stories/sc-holds-prashant-bhushan-guilty-of-contempt-for-tweets-against-judiciary-161391

Attorney General KK Venugopal Requested SC To Not Punish Prashant Bhushan In Contempt Case https://www.livelaw.in/top-stories/attorney-general-requests-sc-to-not-punish-prashant-bhushan-in-contempt-case-161701

Attorney General Requests SC To Not Punish Prashant Bhushan In Contempt Case

The bench said that it can accept AG's suggestion only if Bhushan reconsiders his statement.

https://www.livelaw.in/top-stories/attorney-general-requests-sc-to-not-punish-prashant-bhushan-in-contempt-case-161701

He stated before the Court that "I Do Not Ask For Mercy, I Do Not Appeal to Magnanimity, I am Here To Cheerfully Submit to Any Penalty": Prashant Bhushan Tells SC Quoting Gandhiji

@pbhushan1
#PrashantBhushan https://www.livelaw.in/top-stories/contempt-i-do-not-ask-for-mercy-i-do-not-appeal-to-magnanimity-i-am-here-to-cheerfully-submit-to-any-penalty-prashant-bhushan-tells-sc-quoting-gandhiji-161690

[Contempt] 'I Do Not Ask For Mercy, I Do Not Appeal to Magnanimity, I am Here To Cheerfully Submit...

'My tweets were nothing but a small attempt to discharge what I considered to be my highest duty at this juncture in the history of our republic. I did not tweet in a fit of absence mindedness. It...

https://www.livelaw.in/top-stories/contempt-i-do-not-ask-for-mercy-i-do-not-appeal-to-magnanimity-i-am-here-to-cheerfully-submit-to-any-penalty-prashant-bhushan-tells-sc-quoting-gandhiji-161690

He has also declined the Supreme Court's offer for time to reconsider the statement made by him in the Court justifying his tweets and expressing dismay at the contempt verdict.

@pbhushan1
#PrashantBhushan https://www.livelaw.in/top-stories/prashant-bhushan-declines-scs-offer-to-reconsider-his-contemptuous-statements-161695

[Breaking] 'My Statements Are Well Considered And Well Thought Of':Prashant Bhushan Declines SC's...

Advocate Prashant Bhushan on Thursday declined the Supreme Court's offer to reconsider his statements that led to his conviction in the suo moto contempt proceedings. During hearing on

https://www.livelaw.in/top-stories/prashant-bhushan-declines-scs-offer-to-reconsider-his-contemptuous-statements-161695

Yesterday, the last date for tendering apology, Bhushan filed a supplementary statement asserting that his tweets were a "bona fide expression" of his belief and that an apology will be therefore "insincere" and "contempt of his conscience". https://www.livelaw.in/top-stories/breaking-offering-an-apology-would-be-contempt-of-my-conscience-and-that-of-supreme-court-prashant-bhushan-refuses-to-apologize-in-contempt-case-161866

[Breaking] “Offering An Apology Would Be Contempt Of My Conscience And That Of Supreme Court”:...

Advocate Prashant Bhushan has filed a supplementaryaffidavit before the Supreme Court, ref

https://www.livelaw.in/top-stories/breaking-offering-an-apology-would-be-contempt-of-my-conscience-and-that-of-supreme-court-prashant-bhushan-refuses-to-apologize-in-contempt-case-161866

The SC has listed the 2020 contempt case today to consider "the effect of the supplementary statement" submitted by Bhushan.

#PrashantBhushan
#contemptofcourt

Yesterday @pbhushan1 filed a supplementary affidavit stating that "Offering An Apology Would Be Contempt Of My Conscience And That Of Supreme Court": https://www.livelaw.in/top-stories/breaking-offering-an-apology-would-be-contempt-of-my-conscience-and-that-of-supreme-court-prashant-bhushan-refuses-to-apologize-in-contempt-case-161866

[Breaking] “Offering An Apology Would Be Contempt Of My Conscience And That Of Supreme Court”:...

Advocate Prashant Bhushan has filed a supplementaryaffidavit before the Supreme Court, ref

https://www.livelaw.in/top-stories/breaking-offering-an-apology-would-be-contempt-of-my-conscience-and-that-of-supreme-court-prashant-bhushan-refuses-to-apologize-in-contempt-case-161866

In the Written submissions filed by Senior Adv Rajeev Dhavan for @pbhushan1 Dr. Dhavan submitted that the Judgment convicting @pbhushan1 shall be recalled "suo motu. https://www.livelaw.in/top-stories/comments-were-opinion-made-in-good-faith-founded-on-true-factsrajeev-dhavan-seeks-to-recall-the-judgment-convicting-prashant-bhushan-read-ws-161898

"Comments Were Opinion Made In Good Faith Founded on True Facts":Rajeev Dhavan Seeks To Recall The...

" Bhushan's commentswere opinion made in good faith founded on true facts, " submitte

https://www.livelaw.in/top-stories/comments-were-opinion-made-in-good-faith-founded-on-true-factsrajeev-dhavan-seeks-to-recall-the-judgment-convicting-prashant-bhushan-read-ws-161898

The bench comprising Justices Arun Mishra, BR Gavai and Krishna Murari, which is considering the contempt cases against Prashant Bhushan, has assembled.

Follow this thread for updates

#PrashantBhushan

The bench is now considering the 2009 contempt case taken against Prashant Bhushan @pbhushan1 for his interview to Tehelka @Tehelka

Senior Advocate Rajeev Dhavan submits that Bhushan has raised some questions of law and that the matter ought to be referred to Constitution Bench. Dhavan also urges the bench to hear Attorney General as issues of constitutional importance are involved.

#PrashantBhushan

Dhavan now reads out the revised questions of law submitted by Bhushan @pbhushan1

#PrashantBhushan #contemptofcourt

Story about that may be read here : https://www.livelaw.in/top-stories/prashant-bhushan-submits-10-questions-of-constitutional-importance-for-consideration-by-a-constitution-bench-in-2009-contempt-case-161904

Whether Bona Fide Opinion About Corruption In Judiciary Amount To Contempt: Prashant Bhushan...

After the Supreme Court framed larger questions for consideration in an eleven-year old contempt case against Advocate Prashant Bhushan for alleging that 'at least half of the 16 Chief Justices of...

https://www.livelaw.in/top-stories/prashant-bhushan-submits-10-questions-of-constitutional-importance-for-consideration-by-a-constitution-bench-in-2009-contempt-case-161904

Dhavan : These questions must be resolved for "once and for all". The Court's free speech jurisprudence has expanded and its impact on contempt law must be considered.

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Justice Arun Mishra says that there has to be sufficient pleadings for framing questions and asks Dhavan if these questions can be considered without such pleadings.
#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Justice Mishra : Dr Dhavan, I'm short of time. I'm demitting office. So whether it is proper for me to take a call on this (reference to larger bench) is also an issue.
#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Justice Mishra says that some of the questions raised by Bhushan are already settled.
#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Dhavan : The question whether Articles 129 & 215 of the Constitution enabling Court to take suo moto contempt action are powers independent of other provisions of the constitution, particularly Articles 19 and 21, goes to the very heart of Bhushan's defence.

#contemptofcourt

Dhavan : How much of the Court's free speech jurisprudence has to be read into suo moto contempt powers? This is an important question in this case.

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Justice Mishra says "let us leave this to an appropriate bench".

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Dr Dhavan requests the bench to issue notice to the Attorney General.

Justice Mishra says "let us leave it to the another bench".

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Justice Mishra says in this case, not only the Attorney, but the assistance of some amicus may also be required.

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Justice Mishra : Dr Dhavan, you must ponder, people come to the court for relief. If that faith is shaken, what should be the procedure.
#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Sibal says there is also a larger principle of howsoever high you are, law is above you, which should apply to everyone equally.

@KapilSibal

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Sibal : We will come and go but the institution exists forever. We must protect the integrity of the institution.

( @KapilSibal is appearing for Tarun Tejpal)

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

The bench dictating order : Let the matter be listed on September 10 before appropriate bench.

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

BREAKING : SC bench headed by Justice Arun Mishra lists the 2009 contempt case against Prashant Bhushan @pbhushan1 before another bench on September 10 based on the orders of CJI.

"I am short of time. I am demitting office", J Mishra observed.

#PrashantBhushan
@pbhushan1

"Thank you, Thank you for enlightening debate", Justice Mishra tells Dhavan and Sibal @KapilSibal at the end.

#PrashantBhushan #contemptofcourt #SupremeCourt
@pbhushan1 @Tehelka

Read Full Story here

[Breaking] SC Bench Headed by Justice Arun Mishra Orders To Post 11 Year Old Contempt Case Against @pbhushan1 To Appropriate Bench On Orders Of CJI

#PrashantBhushan https://www.livelaw.in/top-stories/breaking-sc-bench-headed-by-justice-arun-mishra-orders-to-post-11-year-old-contempt-case-against-prashant-bhushan-to-appropriate-bench-on-orders-of-cji-161918

[Breaking] SC Bench Headed by Justice Arun Mishra Orders To Post 11 Year Old Contempt Case Against...

The Supreme Court Bench headed by Justice Arun Mishra orders to list the the 2009 contempt case against Prashant Bhushan before another bench on September 10 based on the orders of CJI.'I am short...

https://www.livelaw.in/top-stories/breaking-sc-bench-headed-by-justice-arun-mishra-orders-to-post-11-year-old-contempt-case-against-prashant-bhushan-to-appropriate-bench-on-orders-of-cji-161918

ALERT : SC bench now takes up the 2020 suo moto contempt case against Prashant Bhushan with respect to his tweets @pbhushan1
#PrashantBhushan #contemptofcourt #SupremeCourt

Justice Arun Mishra asks Attorney General "What is to be done? You guide us"

@pbhushan1
#PrashantBhushan #contemptofcourt #SupremeCourt

Attorney General : We have serious statements made by former judges about Supreme Court having failed democracy.

I also have a complete list of former SC judges making comments about corruption in judiciary.

@pbhushan1

#PrashantBhushan #contemptofcourt #SupremeCourt

Attorney General says he will read two or three such statements.
@pbhushan1

#PrashantBhushan #contemptofcourt #SupremeCourt

Attorney General : These statements are telling the court to reform the court. They seek the improvement of administration of justice. This a case where your lordships should forgive him (Bhushan) or perhaps warn him.

Attorney General says that "it is not necessary to punish him (Bhushan)".

#PrashantBhushan #contemptofcourt
@pbhushan1

"We expected something better than this", Justice Arun Mishra on the supplementary statement filed by Prashant Bhushan @pbhushan1

#PrashantBhushan #contemptofcourt
@pbhushan1

What can be done if he thinks he(Bhushan) has done no wrong, asks Justice Mishra.

#PrashantBhushan #contemptofcourt
@pbhushan1

AG now refers to that the fact that a contempt case against Prashant Bhushan for his remarks about the AG's submissions in the CBI Director case was withdrawn after he expressed regret.

#PrashantBhushan #contempto

This is a case where the Court can take a "compassionate view" and that will be appreciated by the Bar and will befit the status of the Court : AG

#PrashantBhushan #contemptofcourt

AG says that Bhushan has filed several PILs for the benefit of people and court should consider his public work.

#PrashantBhushan #contemptofcourt
@pbhushan1

Justice Mishra says what is point of giving warning to Bhushan if he himself has no "inkling" that he has done wrong.
Tells AG that he himself had filed contempt against him, which was withdrawn only after he expressed regret.

#PrashantBhushan

Attorney General suggests to take Bhushan's remarks off the court records and close the case

J. Mishra : How can they be taken off the record when Bhushan himself says they are his bona fide belief.

#PrashantBhushan #contemptofcourt
@pbhushan1

Justice Gavai says that the bench had given him 3 days for expressing apology and he instead filed a supplementary statement.
#PrashantBhushan #contemptofcourt
@pbhushan1

Attorney General suggests that one more chance be given to him for expressing regret.

#PrashantBhushan #contemptofcourt
@pbhushan1

AG : It is not too late for him(Bhushan) to express regret like he did in the case in which he had alleged corruption.

#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

AG says that Senior Advocate Rajeev Dhavan, as Bhushan's counsel, will be a better person to make submissions on that.

#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

AG : Your lordships have held in Arundhati Roy's case that 'our shoulders are broad enough to shrug off' comments against it.
#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

The bench is now referring to the averments made by Bhushan in his reply affidavit.

Can those allegations be construed as defence? Justice Mishra asks the AG.

#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

AG : If there is an expression of regret, and if the affidavit is withdrawn, perhaps the case can be dropped.

Justice Mishra : How can the affidavit be withdrawn when they insist that it should be considered?
#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

Justice Mishra : You may have different opinion about a judgment, but you cannot blame the judges.
#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

AG : He (Bhushan) has not hesitated to say that he has greatest respect for this court. In 2009 case, he has expressed regret. Likewise, if he expresses regret in this, that should be an end to this unfortunate case.
#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

Justice Mishra : Your advise is welcome. But he should withdraw his allegations.

AG : Yes, he should withdraw his allegations too.

#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

AG : There is nothing more I can say. It is for Dhavan and his client to say what exactly they want. I have nothing more to add.
#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

Justice Mishra says the bench will come back after 30 minutes and asks Dhavan and Bhushan to "think over".

#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt

Story about the hearing so far :

'We Expected Something Better', SC On Prashant Bhushan's Statement; AG Urges Court To Take 'Compassionate View'

#PrashantBhushan #contemptofcourt
@pbhushan1 #SupremeCourt https://www.livelaw.in/top-stories/we-expected-something-better-sc-on-prashant-bhushans-statement-ag-urges-court-to-take-compassionate-view-161926?new

'We Expected Something Better', SC On Prashant Bhushan's Statement; AG Urges Court To Take 'Compa...

The Supreme Court has adjourned its hearing in the Prashant Bhushan contempt case for thirty minutes after asking Bhushan and his counsel, Senior Advocate Rajeev Dhavan, to 'think over'.At the...

https://www.livelaw.in/top-stories/we-expected-something-better-sc-on-prashant-bhushans-statement-ag-urges-court-to-take-compassionate-view-161926?new

The bench has re-assembled.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dr Dhavan says he wears "two hats" and that he as a Senior Advocate has a duty to the Court as well as a duty to the client.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

When your lordships sentences, your lordships should first look at the offender. This 'offender' has contributed a lot to this court as amicus and in public causes, as the Attoreny General pointed out : Dhavan.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : I have written over 1000 articles and about 900 of them are about Supreme Court. I have said that the Supreme Court has 'middle class temperament'. Is that contempt?

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : Attorney General has said that Bhushan's views have been expressed by many former judges.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : I remind Justice Arun Mishra that when he was a Chief Justice of Calcutta HC, your lordship did not initiate contempt against @MamataOfficial for her comments that judges are corrupt. Your lordships took into account her position as Chief Minister.
#PrashantBhushan

Dhavan : The Supreme Court will collapse if it does not face severe criticism.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : The convicting judgment contains half-truths and contradictions.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan says that the order of August 20 giving time to Bhushan to apologize gives the impression that Bhushan is being coerced to give apology.
#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan says that the August 20 order is an "exercise of coercion".

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan says that the order which says it will only accept "unconditional apology" is an exercise of coercion.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : He is sincerely saying that he expressed his bona fide belief.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : Tomorrow if I am indicted for contempt (I have done many contemptuous things), am I expected not to give a defence?

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : An apology cannot be made to escape the clutches of law. An apology has to be sincere.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Due to some connection problem, Dhavan has got disconnected.

"He is in the dark", Justice Mishra (in lighter vein) tells AG.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan has got re-connected.

"Your lordships cannot question his statement. He says he is an officer of the court and that he expressed his sincere belief".

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan with respect to the first tweet.
Bhushan is not saying that the court did not work. He is commenting on the prioritization of cases.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan says that a sincere explanation will come within the broad contours of the term "apology".

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

If Bhushan's statement is read as a whole, it says he has the highest respect for the judiciary but has a critical opinion about four Chief Justices.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : All of us are troubled by what has happened in this court in the last 6 years. I am proud of many judgments of this court but I am also not proud of many judgments.
#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : Court is not immune from criticism. It is the responsibility of all of us to make responsible criticism.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan now shows the 'Daily Mirror' page which called UK judges "You Fools" for the judgment in the "Spycatcher case".

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : When your lordships retire, there will be a spate of articles criticizing your lordships and some congratulating. Can they be stopped? This court can survive only on responsible criticism.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : In the present controversy many persons like Justices Lokur, Kurian Joseph, Arun Shourie etc have made comments in public domain. Are they also in contempt?

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan says that the contempt verdict must be suo moto recalled.
#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan says that there is no question of withdrawing Bhushan's statements or excising his affidavit from the record, which is a part of his defence.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan on whether the Court should reprimand Bhushan.

What is that the Court would tell him? When you tell him 'don't do it again', he will ask 'what should I not do again?'. Can the court ask him not to criticize the court? Can the court silence him?

Dhavan says the only way to Court to close the case is to say "we have taken into account his statement. Though we disagree with many things he said, we caution him to be a little restrained in the manner in which he criticizes the court, and be sure on facts'

Dhavan : We are not asking for mercy. We are asking for statesmanship from this Court.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan says this is all he wants to say, and the Court may hear Bhushan if the bench desires.

"Why trouble him?", Justice Mishra says.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Justice Mishra : If the Court decides to punish him, what can be the punishment?

Dhavan : One punishment which the court has given in cases is to bar the contemnor from appearing in the Court.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : Second is the punishments prescribed in the Contempt of Courts Act.

But my respectful submission is - don't make Prashant Bhushan a martyr.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : The effect of the punishment could be, he will be made a martyr. Please do not do that. He does not want martyrdom.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Dhavan : If Bhushan is punished, there will be one set of articles calling him a martyr and another set of articles saying he was rightly punished. We all want this controversy to end. This can end only by judicial statesmanship.

#PrashantBhushan #contemptofcourt
@pbhushan1

Senior Adv C U Singh permitted by the Court to make a submission as "an officer of the Court".

"AG has taken the position as an elder statesman of the bar"

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

C U Singh : If Section 13 of the Contempt of Courts Act is taken into account, there need not be a sentence, even if the conviction is maintained, as there is no substantial interference with administration of justice.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Justice Mishra says it is "painful" to read all the statements of the Bhushan and his justifications.
#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

Justice Mishra : This is not the way a senior lawyer like Prashant Bhushan over 30 years of experience should behave.

#PrashantBhushan #contemptofcourt
@pbhushan1
#SupremeCourt

J Mishra : I belong to old class. I have reprimanded lawyers for going to press in pending cases. There is a difference between an officer of the court and a politician. If you are going to press for everything, you are over identifying without your causes.

#PrashantBhushan

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