Justice Mishra said the matter will be listed before an appropriate bench on September 10 as they are ‘short of time’
Clarion India
NEW DELHI – The Supreme Court on Tuesday decided that a new bench will hear the 2009 contempt case against advocate Prashant Bhushan from next month.
Justice Arun Mishra, who has been heading the three-member bench hearing Prashant Bhushan case, is set to retire on September 2.
Justice Mishra said the matter will be listed before an appropriate bench on September 10 as they are ‘short of time’. He observed that it is not only question of punishment but also faith in the institution that required detailed hearing.
Bhushan, who has already been convicted for criminal contempt for his two tweets, is also facing similar charges for alleged remarks against the judiciary in an interview to Tehelka magazine in 2009.
On Tuesday, the bench told senior advocate Rajeev Dhavan, representing Bhushan, that he must ponder that people come to court for relief, and when that faith is shaken then there is a problem.
Senior advocate Kapil Sibal, appearing for journalist Tarun Tejpal, contended before the bench that people come to court for justice and relief. “We will come and go but the institution exists forever. We must protect the integrity of the institution,” submitted Sibal.
The bench said let the matter be listed on September 10 before an appropriate bench by the Chief Justice. “I am short of time. I am demitting office,” Justice Mishra observed. During the hearing, the top court observed that in this case in addition to the Attorney General, the assistance of some amicus is also required.
Dhavan asked the bench to issue notice to the Attorney General. “Let us leave this to an appropriate bench,” Justice Mishra noted. Dhavan argued that the important question is how much of the court’s free speech jurisprudence could be read into suo moto contempt powers?
– With input from agencies
