Skip to main content

Withdraw criminal contempt against Prashant Bhushan: Plea to Supreme Court judges

Justice SA Bobde, advocate Prashant Bhushan
Counterview Desk
As many as 131 concerned citizens in a solidarity statement with top Supreme Court (SC) advocate Prashant Bhushan on the initiation of criminal contempt proceedings against him over two controversial tweets, have said that this has come about amidst “serious questions” having been raised on SC’s reluctance to play its constitutionally mandated role.
Especially referring to the SC’s alleged inability to “check on governmental excesses and violations of fundamental rights”, the statement, signed among others by senior SC advocates, top academics, retired civil servants and human rights activists, says, initiation of contempt proceedings against Bhushan, appears to be an attempt at stifling criticism, not just by Bhushan but by all stakeholders in the Indian democratic and constitutional setup.
While both the tweets have been withheld by the micro blogging site, one of them took exception to Supreme Court chief justice SA Bobde sitting atop a “Rs 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 right to access justice."
The second tweet said the last four chief justices of India would be judged by history for destroying democracy “without a formal Emergency.” Suggesting that there is nothing objectionable in any of these tweets, which just express a public concern, the signatories said, the Supreme Court should be “open to public discussion without the fear of retribution or action of criminal contempt.”

Text:

We the undersigned citizens of the country, express our concern with the initiation of contempt proceedings against human right activist and advocate Prashant Bhushan, by the Supreme Court of India, in respect of two of his tweets. Mr Bhushan has been a relentless crusader for the rights of the weakest sections of our society and has spent his career in pro bono legal service to those who do not have ready access to justice.
He has fought cases at the Apex Court on issues ranging from environmental protection, human rights, civil liberties, corruption in high places and has been an outspoken champion for judicial accountability and reforms, especially in the higher judiciary.
In the past few years, serious questions have been raised about the reluctance of the Supreme Court to play its constitutionally mandated role as a check on governmental excesses and violations of fundamental rights of people by the state. These questions have been raised by all sections of society -- media, academics, civil society organisations, members of the legal fraternity and even by sitting and retired judges of the Supreme Court itself.
Most recently, the Supreme Court’s reluctance to intervene in a timely manner to avert the migrant crisis during the lockdown came under intense public scrutiny. Concerns have also been raised regarding the decision of the court to not restart physical hearings, even in a limited manner, despite passage of five months since the onset of the Covid pandemic.
Criminal contempt as an offence has been circumscribed and made redundant in most functioning democracies, such as the USA and the UK
We urge the Hon’ble judges of the Supreme Court to take note of these concerns and engage with the public in an open and transparent manner. The initiation of contempt proceedings against Mr Bhushan who had articulated some of these concerns in his tweets, appears to be an attempt at stifling such criticism, not just by Mr Bhushan but by all stakeholders in the Indian democratic and constitutional setup. We believe the institution must address these genuine concerns.
Justice Bobde "riding" Harley bike: Cause of Bhushan tweet
An institution as important as the Supreme Court of a country must be open to public discussion without the fear of retribution or action of criminal contempt. Indeed, criminal contempt as an offence has been circumscribed and made redundant in most functioning democracies, such as the USA and the UK.
In the landmark US Supreme Court judgement in New York Times v LB Sullivan 11 L’ed (2nd) 686, with respect to contempt of court and the freedom of speech and expression it was held:
“Injury to official reputation affords no more warrant for repressing speech that would otherwise be free than does factual error. Where judicial officers are involved, this Court has held that concern for the dignity and reputation of the courts does not justify the punishment as criminal contempt of criticism of the judge or his decision. This is true even though the utterance contains half-truth and misinformation”. Even in India, the principle that criticism of the judiciary should not be stifled by the indiscriminate use of the power of contempt has been recognized by the Supreme Court as well as by academics and advocates of repute, such as the late Senior Advocate Shri Vinod A Bobde who had stated (“Scandals and Scandalising”, (2003) 8 SCC Jour 32):
“We cannot countenance a situation where citizens live in fear of the Court’s arbitrary power to punish for contempt for words of criticism on the conduct of judges, in or out of court.” Therefore in the interest of justice and fairness and to maintain the dignity of the Supreme Court of India, we urge the Court to reconsider its decision to initiate suo-moto contempt proceedings against Mr Bhushan and to withdraw the same at the earliest.
---
Click here for signatories

Comments

TRENDING

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Upholding labour rights, Nehruvian scientific temper, Rajni Patel opposed Emergency

By Harsh Thakor*  Rajni Patel, who died 40 years ago, whatever his flaws, had one great quality: his human touch to offer selfless service and ability to galvanise or influence human beings from all walks of life. Few people would ever go out of the way to help someone or serve as selflessly without aim of personal gain. Rajni championed Nehruvian secular ideas and scientific temper. As a master in public relations he revealed utmost humility. As a barrister, he never appeared against the trade unions or workers. A Fabien Socialist he opposed liberal capitalism and radical socialism. Unlike most lawyers, he did not succumb to the lure of amassing wealth. Rajni was born in Sirsa, in Gujarat, on the very day Gandhi set foot on Indian soil, on 9th January, 1915. He gained his baptism through one of Gandhi's speeches calling for the boycott of foreign goods, which was the virtual turning point of his life. Rajni toed Gandhi to organise boycott of foreign goods. Rajni was able to cros

Targeting mosques, churches: 'Roadmap' for 2025, RSS' centenary year?

416 years old Our Lady of Health Church, Sancoale, Goa  By Fr Cedric Prakash SJ*  Fascists use manipulative strategies aimed at whipping up sympathy and support from the majority community, to which they normally ‘belong’. They do so in a variety of insidious and subtle ways. In the past few months, they have gone overboard in their efforts to denigrate and demonize minorities in India, particularly Muslims and Christians. They have spewed hate and divisiveness through their venomous speeches; incited people to violence and have effectively used officialdom to further their vested interests. The results are there for all to see: greater polarisation of the majority community in a country which prided itself for its pluralism and diversity. Their meticulously planned agenda is in order to gain absolute power of the country in the 2024 national elections. More so it is also a roadmap towards 2025 when the Rashtriya Swayamsevak Sangh (RSS) will complete one hundred years of its existence.

Vadodara violence: Fine Arts Faculty alumni raise fingers at Varsity's political appointee

Hasmukh Vaghela with PM Counterview Desk  In a statement, alumni of the Faculty of Fine Arts (FoFA), Maharaja Sayajirao University (MSU), Baroda, Gujarat, referring to the “violence” by right-wing groups for displaying “objectionable” paintings that “hurt religious sentiments” at the one of India’s top fine arts institute May 5, have taken strong exception to “the assault and rustication” of one of the students, and lack of action taken against those who “violated” the institution and committed the act. Floated as an online petition seeking wider support, the FoFA alumni, in their statement, addressed to the vice chancellor, MSU, said, there should be “thorough” investigation in the whole incident and “immediate action” should be taken against syndicate member Hasmukh Vaghela, MSU, who sparked the assault, and “other co-conspirators” for breaching “university code of conduct and unlawful activities committed in broad daylight”. While the alumni statement doesn't say so, Vaghela

Gyanvapi case: Use of 'illegal' lawfare to keep the communal pot simmering

By Venkatesh Narayanan, Bobby Ramakant, Manoj Sarang* With a steady drumbeat of bad news for the lives of ordinary citizens --  inflation at a multi-year high , rupee at an all-time low , negative job creation and when all forward indicators as seen by industry leaders point to recessionary clouds on the horizon , what’s a serially-incompetent government to do?  Dust out their time-tested-citizen-distraction playbook. The Gyanvapi-Masjid case is all of this -- as a weapon of mass distraction. This zeitgeist of our times is best captured by a recent opinion piece : "The idea is to keep the pot on a perpetual boil, simmering at the top, whirling feverishly beneath. A restless society forever living precariously on the precipice arouses distrst, uneasiness, fear and discomfort, That is a toxic panoply for manufacturing rage, which can then be effortlessly mobilized at short notice. BJP is creating an eco-system of real-time instant delivery of hate-mongers. That is how we are sudde

World Bank proved right, Narmada is already a destructive project: Medha Patkar

By Rajiv Shah  Narmada Bachao Andolan leader Medha Patkar has said that the World Bank’s independent review mission, which brought out the Morse Commission report , has been proved right: The Sardar Sarovar dam has not only failed to live up to the loud promises made for irrigating large arid areas of Saurashtra and Kutch in Gujarat, those who were displaced and resettled in Gujarat are getting increasingly restive as many of them are unable to get the promised water for irrigation and some for drinking water too. While 50,000 families have been resettled in three states and 20,000 have received land rights as land or cash, the authorities have not calculated what should be done with 15,000 families, whose houses are acquired for Sardar Sarovar but following changing backwater levels of the Sardar Sarovar dam, they are denied rehabilitation, Patkar tells Counterview in an interview (part1*): *** Q: What is the latest position in your view as far as the Sardar Sarovar dam is concerned?

UK leader cites Indian farmers' struggle one of top global fights against neoliberal order

Counterview Desk  Jeremy Corbyn, member of the UK Parliament, former leader of the UK Labour Party and founder of the  Peace and Justice Project , in his  inaugural speech to the  Progressive International’s  Summit at the End of the World on May 12, 2022, has said, what is happening across globe suggests that "image of apocalypse -- bombs and raids, oil spills and wildfires, disease and contagion -- is a reality for people across the planet." In an adaptation of his speech, distributed by  Globetrotter , Corbyn, however, said, there are fresh examples action, too -- by Indian farmers forcing Prime Minister Narendra Modi to withdraw three neo-liberal laws;  by workers, communities and activists against the top giant multinational Amazon's "greed and exploitation"; and by Latin American people's struggle to say "no more to the domination by imperialism, the destruction of their communities and the abuse of their environments." Stating that this is n

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Why is NIOH-ICMR 'official' making false claims on silicosis?: Health rights NGO

Counterview Desk In a letter to the Director General, Indian Council of Medical Research (ICMR), New Delhi, Dr Jagdish Parikh, trustee, health rights NGO People’s Training and Research Centre (PTRC), Vadodara, and Jagdish Patel, director, PTRC, have said that the claim being made for the use of biomarker for detection of silicosis raises concern about scientific tenacity of the diagnosis of the deadly occupational disease. The letter also objects to the reported claim by a top health official that it is possible to detect silicosis at the sub-radiological stage. It asks, “What is this subradiological stage of silicosis? We have not heard any such scientific term being used. Again, the report is using a term which is not found in any scientific literature so far. Is this term acceptable by ICMR? Is ICMR thinking of any explanation?” Text : This is with reference to our letter dated November 28, 2021. In our communication we had raised our concern about the scientific tena

Welfare? Govt of India spends just 19% of manual scavengers' rehabilitation budget

By Bharat Dogra*  While the Dalit community has been always known for higher levels of poverty as well as social discrimination, even within the Dalits there is a sub-section known for even worse levels of poverty as well as social discrimination. This is the section which was traditionally involved in manual scavenging. The shocking injustice they have suffered from over the years has been widely recognized leading to a ban on manual scavenging. At the same time there is urgent need for the rehabilitation of those engaged in manual scavenging. Hence a self-employment scheme for the rehabilitation of those engaged in manual scavenging was drawn up. The allocations and the expenditure for this scheme for the last eight years are shown in the Table below: Union Budget for Self-Employment Scheme for Rehabilitation of  Manual Scavengers (in Rs crore) By Budget Estimate we mean the original allocation made when the budget is presented. It is clear from this table that the actual expenditure