On 14th August 2020, Prashant Bhushan was held guilty of contempt of court by the Hon’ble Supreme Court for his two tweets in a suo moto contempt petition filed by Mehek Maheshwari.
The petition was presented before the court on 22.7.2020 and the court while passing an order said:
“We are, prima facie, of the view that the aforesaid statements on Twitter have brought
the administration of justice in disrepute and are capable of undermining the dignity and authority of the Institution of Supreme Court in general and the office of the Chief Justice of India in particular, in the eyes of public at large.”
Through his lawyer Dushyant Dave, Prashant Bhushan submitted a detailed affidavit of 134 pages in reply to the court’s notice.
His main contention was that his tweet was made primarily to underline his anguish at the non-physical functioning of the Supreme Court for the past three months or more. It resulted in the violation of citizens’ fundamental rights, such as those in detention, those destitute and poor, and others facing serious and urgent grievances not being addressed or taken up for redressal.
For the second tweet, he said-
“The tweet has three distinct elements, each of which is his bonafide opinion about the state of affairs in the country in the past six years and the role of the Supreme Court and in particular the role of the last 4 CJIs.”
He stated that his tweets were his view on the working of democracy in this country and that he has serious concerns about the judiciary’s role in it.
He further stated in his submission that-
“Such expression of opinion, and however outspoken, disagreeable or however unpalatable to some, cannot constitute contempt of court.”
The court observed that the tweets were based on distorted facts, and in their view, it amounts to criminal contempt.
The court held that the 1st tweet gives the impression that the CJI has kept the Supreme Court in lockdown, thereby denying citizens their fundamental right to access justice.This is undoubtedly false, malicious and scandalous.
And concerning the second tweet, it said that it gives an impression that the Supreme Court and the last four judges are the reason for the “destruction of democracy” in India for the past six years.
The court held that-
“Any caricature of a judge calculated to lower the dignity of the court and would destroy, undermine or tend to undermine public confidence in the administration of justice.”
It also said that the said tweets undermine the dignity and authority of the Supreme Court of India and the CJI, and it directly affects the majesty of the law. It also shakes people’s confidence in the judiciary, which is very harmful to a democratic country.
Read the judgment here Click