SC gives Prashant Bhushan 3 days to reconsider statement in contempt case

New Delhi: The Supreme Court on Thursday gave two-three days time to Prashant Bhushan to think over and consider modification to his statement made on the suo motu contempt case against him. The court was hearing Bhushan's plea on the quantum of punishment in the case.

The top court on 14 August had held advocate Bhushan guilty of contempt of court for his two tweets.

However, Bhushan reiterated that he wouldn’t be making any changes in it. The court said it would be better if he reconsiders the statement.

Bhushan agreed to think over it in two-three days.

“I am pained not because I can be punished but because I have been misunderstood. I am disappointed that the court didn't even give me a copy of the complaint that was the basis. I believe that open criticism is necessary in any democracy to safeguard the constitutional order. Saving the constitutional order should come about personal or professional interests. My tweets were a small attempt to discharge what I consider my highest duty...," Bhushan said in the court.

"My tweets were out of a bona fide attempt to discharge my duty as a citizen. I would have been failing in my duty if I did not speak up at this juncture of history. I submit to any penalty which the court may inflict. It would be contemptuous on my part to offer apology...," he said.

“I do not ask for mercy. I do not appeal for magnanimity. I am here to cheerfully submit to any punishment that court may impose", Bhushan said quoting Mahatma Gandhi in his statement.

Senior advocate Dushyant Dave, appearing for Bhushan, urged deferment of the hearing on sentence as he sought to file a review petition on it.

The court didn’t feel inclined to grant him time as it said that the order wouldn’t be



complete if the sentencing is deferred.

The bench assured Bhushan that if any punishment is given for contempt, it will be inflicted only after the review petition is decided.

The court said it would not be entertaining the plea to defer the sentencing and proceeded to hear the arguments on the quantum of sentence.

“Your lordships must examine the person. Because that goes into the roots of the bona fides", Rajeev Dhavan said while appearing for Bhushan and arguing on the quantum of sentence.

He added that the character and contributions of Bhushan must be taken into account for the purpose of the sentence.

"...Balancing has to be there, restraint has to be there. There is a Lakshman rekha for everything. Why should you cross the rekha?" Justice Arun Mishra.

The court heard arguments advanced by advocate Dhavan on the contempt laws.

Justice Mishra, addressing Attorney General KK Venugopal, asked him to consider what should be done when someone who has been convicted of contempt, says he has no remorse. "Should we give him some time?"

“Yes...that would be good. He has done tremendous good," Venugopal said.

Bhushan had filed an application before the Supreme Court to defer the hearing on the quantum of sentence in the suo motu contempt case.

He had said in his application that he intended to file a review within the stipulated 30 days against the order of 14 August, and sough appropriate legal counsel as the ramification of the order is of grave constitutional significance, in particular on the right to free speech.

The 14 August judgment was passed by a bench comprising Justice Arun Mishra, Justice B R Gavai and Justice Krishna Murari.