Thursday, October 1, 2020
Home Law SC to hear 2010 contempt case against Prashant Bhushan: All you need to know...

SC to hear 2010 contempt case against Prashant Bhushan: All you need to know about what he had said in his interview to Tehelka

Prashant Bhushan in his Tehelka interview had said that he can prove how out of the last 16-17 CJIs, half of them were corrupt. The SC is all set to hear a contempt notice in this 10-year-old case.

On Friday, the Supreme Court reportedly fixed the hearing of a decade-old contempt case against advocate Prashant Bhushan on August 4. The apex court also refused to make his father Shanti Bhushan, a party in the court proceeding.

In an interview with the Soma Chowdhury of Tehelka in September 2009, Prashant Bhushan had insinuated that Justice Sarosh Homi Kapadia had committed ‘judicial impropriety’ by being a part of the forest Bench that heard the Niyamgiri Mining lease in Orissa and ruled in favour of Vedanta subsidiary Sterlite industries. Reportedly, the contempt plea was moved by Harish Salve, who helped the court as ‘amicus curiae.’

Bhushan had alleged that Justice Kapadia had a conflict of interest in the case as he owned shares of Sterlite. The Judge while acknowledging the fact that he had shares in the said company had clarified that he had revealed about the same at the very onset and that either party had no problem with it. Prashant Bhushan had implied then that a judge cannot hear cases where he had a conflict of interest and that Justice Kapadia had bypassed it.

He had said, “In my view, out of the last 16 to 17 Chief Justices, half have been corrupt. I can’t prove this, though we had evidence against Punchhi, Anand, and Sabharwal on the basis of which we sought their impeachment”.” The advocate had alleged that it was difficult to prove charges of corruption against judges in the higher judiciary and claimed, “This is also for the reason that no investigation is allowed into charges of corruption against the higher judiciary. There is no disciplinary authority which can inquire into or take action against judges who have been charged with corruption any other kind of misconduct.”

Criminal Contempt petition against Prashant Bhushan in 2009 (Photo Credits: Supreme Court of India’s website)

Shanti Bhushan comes in defence of his son

When contempt proceedings were initiated against his son, former Law Minister Shanti Bhushan had come to the rescue of his son. Reportedly, he had submitted a list of 6 ‘definitely honest’, and 8 ‘definitely court’ CJIs in a sealed cover to the apex court. He, however, couldn’t confirm anything on two remaining Chief Justices. Shanti Bhushan had also offered to go to jail, if his son was found guilty of contempt.

Shanti Bhushan appealed to the Court that it was difficult for him to fight the case over video conferencing and requested the case to be deferred for a few more weeks. He said, “I find it very hard to address the court through video conferencing. This matter has waited for 10 years. It can wait for a few more weeks until physical court hearing resumes.” However, the request was turned down.

The Court noted that Shanti Bhushan was ‘too much senior’ to join as a party in the case. “It’s a suo moto contempt petition. We are not impleading you,” the Court reiterated. The apex court remarked that while Shanti Bhushan was willing to go to jail on behalf of his son, out of his love an affection, it could not undermine the responsibility towards the law.

Rajeev Dhavan seeks more time

Rajeev Dhavan, appearing for Prashant Bhushan, informed the apex Court that the case records could not be produced in court as they were located in Kasauli. He urged the Court to provide adequate time to prepare for the case. Dhavan also questioned the role of advocate Harish Salve in the case as he was not ‘officially’ appointed as amicus curiae.

The Supreme Court remarked that Rajeev Dhavan will be provided time ‘as per his satisfaction’. Kapil Sibal, representing molestation accused and former editor of Tehelka Tarun Tejpal, conceded that the case can wait for ‘more time’, since it had already been shelved for 10 years. ““This is not a matter where something impending is going to happen, unlike any demolition matter,” Sibal said. The Court observed that the case hearing will not be deferred as Justice Mishra is set to retire in September. The Court fixed the date of hearing on August 4 and said, “Through the virtual court, we are hearing all matters, including constitution bench cases. We will hear you all patiently.”

Contempt case against Prashant Bhushan over his tweets

Earlier, the Supreme Court of India took Suo Moto against Prashant Bhushan’s reckless behaviour on social media and initiated contempt of Court case against him and Twitter India. The apex court issued a show-cause notice to the senior advocate asking him to explain why actions should not be taken against him on contempt of court charges.

The court has also asked Attorney General KK Venugopal to assist the court, in the case, and a notice for the same has been issued to the AG. A three-judge bench headed by Justice Arun Mishra heard the suo moto case against Prashant Bhushan. The court stated that the case been filed against Prashant Bhushan for his tweet on last 4 CJIs, and another tweet on CJI riding a bike.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

Bangalore Mirror journalist loses her mind over OpIndia’s coverage of Delhi anti-Hindu riots, suffers meltdown over long DMs and emails

After constantly sending lengthy emails and elaborate DMs, the Bangalore Mirror journalist also claimed that she does not want to 'engage in a conversation'.

Rapes happen when unemployed men can’t get married: Former SC Judge Markandey Katju’s bizarre explanation for Hathras case

Former SC judge Markandey Katju says sex is the next basic need after food and men commit rape when they cannot get married because of unemployment.

Congress conspired to frame saints, VHP, BJP leaders under false charges, they should apologise: UP CM Yogi Adityanath on Babri verdict

Uttar Pradesh CM Yogi said that the Congress party should apologise to the nation for conspiring against BJP leaders, VHP leaders and Hindu saints.

Demolition of illegal structure called Babri Masjid standing on Ram Janmabhoomi not pre-planned, all Ram Bhakts acquitted by special court

The court said that the demolition of disputed Babri Masjid structure was not pre-planned, and hence there was no conspiracy to demolish it

Yogi Adityanath speaks to PM Modi about Hathras case, SIT probe ordered. Read details

Uttar Pradesh Chief Minister Yogi Adityanath has constituted a 3-member SIT to probe the Hathras rape case and has asked the team to submit the report within seven days.

Hathras gang rape: Victim cremated, accused arrested. All you need to know about the case

Uttar Pradesh Chief Minister Yogi Adityanath had a telephonic conversation with PM Modi regarding the incident and said that a special team has been formed to probe into the incident. The team will submit the report in next seven days.

Recently Popular

Hathras gang rape: Victim cremated, accused arrested. All you need to know about the case

Uttar Pradesh Chief Minister Yogi Adityanath had a telephonic conversation with PM Modi regarding the incident and said that a special team has been formed to probe into the incident. The team will submit the report in next seven days.

‘Maal is cigarette and hash are its different brands’, Deepika Padukone makes bizarre claims when confronted with ‘drug’ chats: Report

Deepika Padukone and others were apprised in advance as to what needed to be said during the interrogation, claimed NCB

Bangalore Mirror journalist loses her mind over OpIndia’s coverage of Delhi anti-Hindu riots, suffers meltdown over long DMs and emails

After constantly sending lengthy emails and elaborate DMs, the Bangalore Mirror journalist also claimed that she does not want to 'engage in a conversation'.

Sanatana Dharma vs Bollywood on Republic Bharat: Arnab Goswami goes to war

Arnab Goswami has been at the forefront of the campaign against the drag racket in Bollywood and has not pulled any punches.

Here is why #BabyPenguin is trending on Twitter, and why Aaditya Thackeray is called so by some

Yuva Sena registered complaint against twitter user for calling Aaditya Thackeray "Baby Penguin" and Uddhav Thackeray "Aurangzeb"

Viral message claiming that home minister Amit Shah flown to New York for treatment is false, read details

A message has gone viral on WhatsApp claiming that Amit Shah was shifted to the USA via an air ambulance due to 'critical condition'

Government issues guidelines for Unlock 5.0, cinema halls and entertainment parks to reopen from 15th October

The Unlock 5.0 guidelines permit the opening of cinema halls, multiplexes and educational institutions subject to certain conditions.

Ordnance Factory Board slams news reports blaming them of providing poor quality ammunition to Indian Army

Ordnance Factory Board rebuts media reports claiming that faulty ammunition was responsible for 27 lives and a loss of Rs 960 crores

Private laboratory in Kerala issued fake Covid-19 negative reports, did not test most of the samples collected

Arma laboratory in Valanchery area of Malappuram district earned Rs 45 lakh by issuing the fake Covid-19 negative reports

#RebuildBabri: Islamists on social media urge Muslims to reconstruct Babri structure in Ayodhya following the acquittal of all accused

Islamists discredited the CBI court verdict by calling it a 'Judicial Karseva' and asked Muslims to rebuild the Babri structure

Viral message claiming that home minister Amit Shah flown to New York for treatment is false, read details

A message has gone viral on WhatsApp claiming that Amit Shah was shifted to the USA via an air ambulance due to 'critical condition'

CM Yogi Adityanath talks to the father of Hathras victim, assures stringent action against the culprits

A monetary compensation of Rs 25 lakh to the family of the victim of the Hathras case has been announced by the UP government.

Kathua ‘celebrity’ lawyer, who was removed by the victim’s family for attending only 2 out of 110 hearings, ‘offers her services’ to Hathras victim

Deepika Rajawat, who shot to fame after taking up the high-profile Kathua rape and murder case, had offered her services to Hathras victim

Mathura Civil Court dismisses plea seeking removal of Idgah Mosque from Shri Krishna Janmabhoomi citing Places of Worship Act

The Idgah Mosque was build on land belonging to the Krishna Janmabhoomi in Mathura, and the plea sought to remove it

Bangalore Mirror journalist loses her mind over OpIndia’s coverage of Delhi anti-Hindu riots, suffers meltdown over long DMs and emails

After constantly sending lengthy emails and elaborate DMs, the Bangalore Mirror journalist also claimed that she does not want to 'engage in a conversation'.

Rajasthan: Two minor girls gang-raped, accused threatened girls in front of the police

Two minor girls gang-raped for three days in Rajasthan.

Connect with us

244,698FansLike
456,989FollowersFollow
17,500SubscribersSubscribe