'Raising Concerns About The Manner In Which 4 CJIs Have Used Or Failed to Use Their Powers Doesn't Amount To Contempt' : Bhushan's Reply In SC

Stating that bonafide criticism of the manner and the functioning of the Supreme Court, 'however outspoken, undesirable and unpalatable' it is, cannot constitute contempt of court, Advocate Prashant Bhushan filed reply to the notice in the suo moto contempt case taken by the SC over two of his tweets.At the outset, he mentions that he had sought for the copies of the original complaint of Advocate Mahek Maheshwari, which was converted into the suo moto case, and also the administrative orders which placed the matter on the judicial side of the SC, which were denied by the Secretary-General. In the absence of those documents, Bhushan says that he is "handicapped in dealing with the contempt notice", and adds that his reply was a preliminary one, without prejudice to his objection against non-supply of documents.Tweet about CJI Bobde - 'Underlining anguish at the non-physical functioning of court'.As regards his tweet about Chief Justice of India, S A Bobde, seated on a Harley Davidson motorcycle, Bhushan says that his comment was to underline his angusih at the non-physical functioning of the Supreme Court for the last more than three months, "as a result of which fundamental rights of citizens, such as those in detention, those destitute and poor, and others facing serious and urgent grievances were not being addressed or taken up for redressal"."The fact about the CJI being seen in the presence of many people without a mask was meant to highlight the incongruity of the situation where the CJI (being the administrative head of the Supreme Court) keeps the court virtually in lockdown due to COVID fears (with hardly any cases being heard and those heard also by a unsatisfactory process through video conferencing) is on the other hand seen in a public place with several people around him without a mask. The fact that he was on a motorcycle costing 50 lakhs owned by a BJP leader had been established by documentary evidence published on social media. The fact that it was in Raj Bhavan had also been reported in various sections of the media My expressing anguish by highlighting this incongruiry and the attendant facts cannot be said to constitute contempt of court. If it were to be so regarded, it would stifle free speech and would constitute an unreasonable restriction on Article l9(1Xa) of the Constitution", the reply adds.Prashant Bhushan @pbhushan1 files reply in SC in contempt case saying that his tweet about CJI riding a motor cycle was to underline his anguish at the non-physical functioning of the Supreme Court for last more than 3 months, with hardly any cases being heard.#ContemptOfCourt pic.twitter.com/mrVLsHveik— Live Law (@LiveLawIndia) August 3, 2020Expression of Bonafide impression about the functioning of SCAs regards the tweet about the role of SC in the destruction of democracy and the role of last 4 CJIs in that, Bhushan says that it was his "bonafide impression" about them and it is his considered opinion that SC allowed the destruction of democracy and such expression of opinion however "outspoken, disagreeable or unpalatable" can't constitute contempt."What I have tweeted is thus my bonafide impression about the manner and functioning of the Supreme court in the past years and especially about the role of the last 4 chief Justices have played vis a vis their role in being a check and balance on the powers of the executive, their role in ensuring that the supreme court functions in a transparent and accountable manner and was constrained to say that they, contributed to undermining democracy", states the reply, filed through Advocate Kamini Jaiswal.Critique about actions of CJI does not amount to scandalizing the courtThe reply adds that the "Chief Justice is not the court, and that raising issues of concern regarding the manner in which a CJI conducts himself during "court vacations,', or raising issues of grave concern regarding the manner in which four CJIs have used, or failed to use, their powers...does not amount to "scandalising or lowering the authority of the court".Stating that the CJI cannot be equated with the Supreme Court, the reply says "To bona fide critique the actions of a CJI, or a succession of CJIs, cannot and does not scandalise the court, nor does it lower the authority of the court. To assume or suggest that 'the CJI is the SC, and the SC is the CJI' is to undermine the institution of the Supreme Court of India".The reply quotes the speeches of Justices D Y Chandrachud & Deepak Gupta in which they said that stifling dissent amounts to killing democracy. He also refers to an interview given by Justice Kurian Joseph in Dec 2018 where he said there were "external influences" on the CJI.He highlights the fact that public criticism about the administration of Supreme Court had emanated from the judges itself, in the press conference held by four SC judges - Justices J Chelameswar, Kurian Joseph, Madan B Lokur and Ranjan Gogoi - in January 2018.Preventing citizen from...

'Raising Concerns About The Manner In Which 4 CJIs Have Used Or Failed to Use Their Powers Doesn't Amount To Contempt' : Bhushan's Reply In SC

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