The Bar Council of Delhi has sent a notice to controversial Supreme Court advocate Prashant Bhushan seeking his response on the proceedings against him under sections 24A and 35 of Advocates Act for his contempt of court against the judiciary, which has led to his conviction by the Supreme Court.
According to the reports, the Bar Council of Delhi, taking the controversial tweets made by Prashant Bhushan into cognizance, has asked him to appear before them to seek his response why any action should not be taken against him for his tweets against the judiciary.
Delhi Bar Council has sent a notice to @pbhushan1 seeking his response as to why proceedings under sections 24A and 35 of Advocates Act in view of his tweets against Judiciary and Conviction by Supreme Court in #contemptofcourt case pic.twitter.com/sb8CIjEiCd— Live Law (@LiveLawIndia) September 23, 2020
Prashant Bhushan has been asked to appear in person or through an authorised advocate on October 23 at the office of the BCD for a personal hearing. The controversial left-wing activist has also been asked to send his response to the Council within 15 days as to why proceedings under section 24A and 35 of the Advocates’ Act be not initiated against him in view of the tweets in question and the conviction.
The section 24A disqualifies a person from being enrolled as an advocate on a conviction for an offence involving moral turpitude and section 35 provides for disciplinary proceedings against an advocate for professional or other misconduct, which could result in reprimand, suspension from a practice or even removal from the rolls of the concerned Bar Council.
The BCD has warned Prashant Bhushan that if he fails to respond before the given time, then it will be presumed that he does not wish to reply and that proceedings will be conducted ex parte in case he chooses not to appear before the Council.
The Contempt case against Prashant Bhushan
On August 14, a three-judge bench of the Supreme Court held Prashant Bhushan guilty of contempt of court for his tweets against the judiciary and the Chief Justices of India.
The Supreme Court had convicted senior lawyer Prashant Bhushan after holding him guilty in contempt of court, with a fine of Re 1. The court had added that if Bhushan fails to pay a fine of Re 1, he will be sentenced to 3 months in jail and suspension of his lawyering for 3 months.
The case pertained to two tweets where Prashant Bhushan had cast aspersions against the Supreme Court and specifically, CJI Bobde.
The court had then granted additional time for Prashant Bhushan to consider providing an unconditional apology for his scurrilous remarks. However, in his vanity of portraying himself as Mahatma Gandhi, Bhushan refused to apologise, claiming to tender an apology would tantamount to “contempt of his conscience”.
Responding to the Supreme Court verdict asking Prashant Bhushan to pay a fine of Re 1 for his tweets against the judiciary, the senior lawyer Prashant Bhushan issued a protracted statement, admitting to paying the fine but indicated that he would file a review petition against the order.