Advocate Prashant Bhushan on Monday refused to apologise in contempt case over his tweets. Refusing to issue an apology, Prashant Bhushan today said, "an apology would be insincere and contempt of conscience." Bhushan has also filed a statement before the Supreme Court, reiterating that he will not be apologising for his tweets criticising the judiciary. Prashant Bhushan was held guilty of criminal contempt of Court on August 14.
Prashant Bhushan files supplementary reply in the suo motu contempt proceeding before Supreme Court
Prashant Bhushan files supplementary reply in the suo motu contempt proceeding before Supreme Court
A supplementary statement filed today through Advocate Kamini Jaiswal states, "My tweets represented this bonafide belief that I continue to hold. Public expression of these beliefs was I believe, in line with my higher obligations as a citizen and a loyal officer of this court. Therefore, an apology for expression of these beliefs, conditional or unconditional, would be insincere. An apology cannot be a mere incantation and any apology has to, as the court has itself put it, be sincerely made. This is especially so when I have made the statements bonafide and pleaded truths with full details, which have not been dealt with by the Court."
"If I retract a statement before this court that I otherwise believe to be true or offer an insincere apology, that in my eyes would amount to the contempt of my conscience and of an institution that I hold in highest esteem," Prashant Bhushan said in the court.
In his statement, Advocate Bhushan has stated that it was with deep regret that he read the Supreme Court's order of August 20, wherein it said that Bhushan is being given time to submit an unconditional apology, if he so desires.
“I have never stood on ceremony when it comes to offering an apology for any mistake or wrongdoing on my part. It has been a privilege for me to have served this institution and bring several important public interest causes before it. I live with the realization that I have received from this institution much more than I have had the opportunity to give it. I cannot but have the highest regard for the institution of the Supreme Court," Prashant Bhushan said.
Bhushan added he believes the Supreme Court is the last bastion of hope for the protection of fundamental rights and the watchdog of Constitutional democracy itself. As such, he states,
“Today in these troubling times, the hopes of the people of India vest in this Court to ensure the rule of law and the Constitution and not an untrammelled rule of the executive.”
In this backdrop, Bhushan asserted that there is a duty on court officers such as himself to speak up when there is a deviation from the Supreme Court's sterling record.
"Therefore I expressed myself in good faith, not to malign the Supreme Court or any particular Chief Justice, but to offer constructive criticism so that the court can arrest any drift away from its long-standing role as a guardian of the Constitution and custodian of peoples’ rights", Bhushan said.
Earlier on August 20, the Supreme Court had rejected the submission of Prashant Bhushan that the arguments on quantum of sentence in the contempt proceedings in which he has been held guilty be heard by another top court bench.
A bench headed by Justice Arun Mishra had assured Bhushan that no punishment will be acted upon till his review against the order convicting him in the case will be decided.
On June 27, Prashant Bhushan had accused four CJIs of "playing a role in the destruction of democracy".
On June 29, he had accused the current CJI of "riding a Rs 50 lakh bike of a BJP leader" and keeping "SC in lockdown denying citizens their fundamental right to justice".
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