oppn parties Supreme Court Versus Prashant Bhushan

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
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Supreme Court Versus Prashant Bhushan

By Sunil Garodia
First publised on 2020-07-23 19:57:58

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

A lawyer-activist tweets negatively about some recent judicial decisions and questions the Chief Justice for sitting on a motorbike without a mask and helmet. The Supreme Court takes suo motu cognizance and charges him for contempt of court. The apex court's decision to haul up Prashant Bhushan for his tweets is not correct. Many other commentators have also been critical of the way the court has been handling several recent cases. There is no way the court can keep everyone happy with its decisions. If it is doing its job with honesty, it has no reason to be miffed with criticism for interpretation of the law is but a personal reading of the judge or judges based on the bare act and judicial precedents. Also, most daily newspapers were also critical of the Chief Justice when his picture on the motorbike first appeared.

As long as any criticism of a judgment, or judgments, does not attribute motives or cast aspersions on the judges, it should not be termed contemptuous. As different judges can interpret the same law differently, so different commentators can have their own take on judgments. The judges have to recognize this and be lenient for the reason of freedom of speech. If a narrow meaning is assigned to the contempt law it would stifle freedom of speech, the definition of which the Supreme Court has been trying to broaden in several recent judgments. The court has also not specified which of Prashant Bhushan's tweets it found to be contemptuous. A general and sweeping charge is itself bad in law.

Further, the court acted with unseemly haste in the Prashant Bhusan case. When this is juxtaposed with the delay in acting on several other cases of importance, it does not show the court in a good light. It sends the signal that while the court might take its own sweet time in other cases, it will dispense justice quickly if someone encroaches on its turf or as it said in Prashant Bhushan's case brings "the administration of justice in disrepute" or is "capable of undermining the dignity and authority of the institution".  There is no doubt that the system will collapse if motives are ascribed or aspersions are cast on those who dispense justice. But the judges need to take a broader view in the interest of freedom of speech and tolerate criticism as long as it is not mala fide.