Senior advocate Prashant Bhushan, who’s going through prison contempt proceedings within the Supreme Courtroom, has submitted that the criticism of the Chief Justice of India (CJI) doesn’t scandalise the highest court docket or decrease its authority.
Mr Bhushan made the submission in an affidavit earlier than the Supreme Courtroom on Sunday, wherein he additionally stated that to counsel that the CJI is the Supreme Courtroom and the Supreme Courtroom is the CJI is to undermine the establishment of the Supreme Courtroom of India.
A bench headed by Justice Arun Mishra had earlier issued a contempt discover to Mr Bhushan in a suo moto case following a petition requesting the identical over two of his tweets.
“To bona fide critique the actions of a CJI, or a succession of CJIs, can’t and doesn’t scandalise the court docket, nor does it decrease the authority of the court docket. To imagine or counsel that ”the CJI is the SC, and the SC is the CJI” is to undermine the establishment of the Supreme Courtroom of India,” the affidavit stated.
Mr Bhushan submitted that his tweet about Chief Justice of India using a motorcycle was to underline his anguish on the non-physical functioning of the Supreme Courtroom for final greater than three months, with hardly any circumstances being heard.
The affidavit additional stated that Mr Bhushan’s tweet about final 4 Chief Justice of India was his “bonafide impression” about them and it’s his thought of opinion that “Supreme Courtroom allowed the destruction of democracy” and such expression of opinion, nevertheless, “outspoken, unpleasant or unpalatable” cannot represent contempt.
“What I’ve tweeted is thus my bonafide impression concerning the method and functioning of the Supreme court docket prior to now years and particularly concerning the position of the final 4 Chief Justices have performed vis a vis their position in being a test and stability on the powers of the manager, their position in guaranteeing that the supreme court docket features in a clear and accountable method and was constrained to say that they, contributed to undermining democracy,” the affidavit stated.
“Freedom of expression and the concomitant proper to criticise features a honest and sturdy criticism of the judiciary. This can’t quantity to contempt of court docket or reducing the dignity of the court docket in any method,” it added.
On his tweet about Chief Justice SA Bobde using a motorcycle final month, Mr Bushan stated that truth concerning the CJI being seen within the presence of many individuals with no masks was meant to focus on the incongruity of the scenario the place the CJI retains the court docket nearly in lockdown resulting from COVID fears and then again is seen in public with no masks.
On June 27, Mr Bhushan had in a tweet accused the Supreme Courtroom of enjoying a component within the “destruction of India”s democracy” within the final six years.