‘Thin line between free Speech and Contempt’: Apex Court tells Prashant Bhushan

On Tuesday, the Apex Court concluded arguments in the 2009 contempt case against Lawyer Prashant Bhushan. The hearing was conducted in-camera with the bench of 3 Judges led by Justice Arun Mishra speaking to senior lawyers Rajeev Dhavan, Kapil Sibal & Harish Salve individually on WhatsApp video call.

Dhavan appeared for Bhushan while Sibal represented former Tehelka editor Tarun Tejpal, who is also named in the contempt case initiated by Salve.

The case pertains to an interview given by Bhushan to Tehelka where he alleged that half of past 16 chief justices of India (CJIs) were corrupt. The bench said that there is a thin line between free speech & contempt.

The Judges told Dhavan that they seek to balance the right to free speech on one hand & the need to protect the dignity of the judiciary as an institution.

The Supreme Court had said in the last hearing that it is giving some time to the lawyers appearing in the matter to prepare & had posted the matter for hearing on Aug 4.

The Supreme Court in Nov 2009, had issued contempt notice to Bhushan & Tejpal for allegedly casting aspersions on some sitting & former top court judges in an interview to Tehelka. Tejpal was the editor of the magazine.

On July 22, the same bench had issued suo motu (on its own) notice to Bhushan for his remarks & two alleged derogatory tweets against the judiciary, observing his statements prima facie “brought the administration of justice in disrepute”.

In his reply to the court’s notice, Bhushan said the expression of opinion, “however outspoken, disagreeable or unpalatable to some”, cannot constitute contempt of Court.

In a 142-page reply affidavit filed through lawyer Kamini Jaiswal, the activist lawyer has referred to several SC judgements, speeches of former & serving judges on contempt of court & the “stifling of dissent” in democracy & his views on judicial actions in some cases.

Prashant Bhushan also stood by his 2 tweets. 

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