You quote Gandhi but can not apologies for hurting judiciary: SC to Bhushan

Supreme Court has reserved its judgment on the contempt of court case against activist-lawyer Prashant Bhushan who was convicted in the case earlier this month.

New Delhi:The Supreme Court has reserved its judgment in the 2020 suo motu criminal contempt case against activist-lawyer Prashant Bhushan who was convicted in the case earlier this month.

The bench headed by Justice Arun Mishra on Tuesday heard arguments of Attorney General KK Venugopal, who sought forgiveness for Bhushan.

On 14th August, the top court had held Prashant Bhushan guilty of making statements against the judiciary.

For CJI Bobde, Bhushan had tweeted on a picture showing the CJI on a motorcycle owned by BJP leader. For the past CJIs, he had tweeted that they disrupted democracy to function.

Court had asked Prashant Bhushan to apologise but he had denied as the statements made by him were well thought of and with truths, as per him.

Today the court expressed disappointment over Bhushan not tendering an apology and said that they were expecting something better. Attorney General KK Venugopal suggested that the court should let the matter go warning him to not repeat again in future. AG also suggested that Bhushan should withdraw his allegations.

Senior Advocate Rajiv Dhawan appearing for Bhushan said that there is no questing of withdrawal of his statement as it is a part of his defence. He contended that an apology has to be sincere and Bhushan is not ready to tender one because he still believes in what he said and it should not be made to just escape the law.

Dr Dhawan said that the only way to end this controversy is when the court will show statesmanship else Bhushan will be made a martyr with articles written in favour of him.

Justice Arun Mishra said that it is not the way an advocate like Bhushan who has 30 years of standing should behave. Justice Mishra also highlighted how advocates talk to the press when the matter is subjudice and attack the judges when the judges can not go out to press. If we keep pulling each other down like this, we will be finished, added Justice Mishra.

He also asked why an apology is so difficult when it can put away the hurt caused. You go on quoting Mahatma Gandhi but you can not apologise, said Justice Mishra.

It is very painful to note all this before demitting office, said Justice Mishra who is supposed to retire on 2nd September.

The top court granted another opportunity to Bhushan after Attorney General K K Venugopal sought forgiveness for the activist-lawyer.

"He (Bhushan) should withdraw all statements and express regret," said the top law officer when the bench headed by Justice Arun Mishra sought his views on the 'defiant' statement of Bhushan.

He has refused to offer an apology to the Supreme Court for his two tweets against the judiciary, saying what he expressed represented his bona fide belief which he continued to hold.

"Bhushan says the Supreme Court has collapsed, is it not objectionable," asked the bench.

The court can speak through orders only and even in his affidavit, Bhushan has made disparaging remarks against the judiciary, the bench said

The court should warn him and take a compassionate view, Venugopal told the bench, which also comprised Justices B R Gavai and Krishna Murari.

When Bhushan does not think he did anything wrong then what is the point of giving him advice to not repeating it, the bench said.

"A Person should be realize the mistake, we gave Bhushan time but he says he will not apologize," it said.

The bench will reassemble to know the views of Bhushan again.

On August 20, the top court had granted time till August 24 to Bhushan to reconsider his defiant statement refusing to apologise and tender an unconditional apology for contemptuous tweets against the judiciary and rejected his submission that quantum of punishment be decided by another bench.

PTI