Home News India News ‘Thin line between free speech and contempt’: Supreme Court tells Prashant Bhushan

‘Thin line between free speech and contempt’: Supreme Court tells Prashant Bhushan

The Supreme Court on Tuesday concluded arguments within the 2009 contempt case towards advocate Prashant Bhushan. The listening to was performed in-camera with the bench of three judges led by Justice Arun Mishra chatting with senior legal professionals Rajeev Dhavan, Kapil Sibal and Harish Salve individually on WhatsApp video name.

Dhavan appeared for Bhushan whereas Sibal represented former Tehelka editor Tarun Tejpal, who can be named within the contempt case initiated by Salve.

The case pertains to an interview given by Bhushan to Tehelka the place he alleged that half of previous 16 chief justices of India (CJIs) have been corrupt. The bench said that there’s a skinny line between free speech and contempt.

The judges informed Dhavan that they search to stability the precise to free speech on one hand and the necessity to defend the dignity of the judiciary as an establishment.

The high courtroom had said within the last listening to that it’s giving some time to the counsels showing within the matter to arrange and had posted the matter for listening to on August 4.

The apex courtroom in November 2009, had issued contempt discover to Bhushan and Tejpal for allegedly casting aspersions on some sitting and former high courtroom judges in an interview to Tehelka. Tejpal was the editor of the journal.

On July 22, the identical bench had issued suo motu (on its own) discover to Bhushan for his remarks and two alleged derogatory tweets towards the judiciary, observing his statements prima facie “brought the administration of justice in disrepute”.

In his reply to the courtroom’s discover, Bhushan said the expression of opinion, “however outspoken, disagreeable or unpalatable to some”, can’t represent contempt of courtroom.

In a 142-page reply affidavit filed by means of lawyer Kamini Jaiswal, the activist lawyer has referred to a number of apex courtroom judgements, speeches of former and serving judges on contempt of courtroom and the “stifling of dissent” in a democracy and his views on judicial actions in some circumstances.

Bhushan additionally stood by his two tweets.

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