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2020 Supreme(SC) 483

ARUN MISHRA, B.R.GAVAI, KRISHNA MURARI
In Re: Prashant Bhushan – Appellant
Versus
. – Respondent


Advocates Appeared:
For the parties:By Courts Motion Sajan Poovayya, Manu Kulkarni, Pryadarshi Banerjee, Rishi Aneja, Hima Lawrence, Dushyant A. Dave, Kamini Jaiswal, Prashant Bhusan – In-peson Neha Rathi, Rani, Advocates

Judgement Key Points
  • Supreme Court can initiate suo motu contempt proceedings without consent of Attorney General, exercising inherent powers under constitutional provisions; procedure must be just, fair, and follow natural justice principles; notice specifying basis of contempt suffices, as evident from detailed reply filed. (!) (!) (!) (!) (!)

  • Summary jurisdiction for contempt prevents interference with justice administration and maintains court authority; protects public interest, not judges personally; actual interference unnecessary if publication likely or tends to interfere. (!) (!) (!) (!) (!) (!) (!) (!) (!)

  • Scurrilous attacks on judges regarding judgments or past conduct undermine public confidence in judiciary, adversely affecting justice administration; such attacks must be firmly dealt with, especially in diverse societies. (!) (!) (!) (!) (!)

  • Vilification of judge as judge (not individual) invokes contempt if clear and beyond doubt; affects administration of justice, including administrative functions; jurisdiction protects public, not personal dignity. (!) (!) (!) (!) (!) (!)

  • Hostile criticism scandalizes court; personal attacks on judge as individual fall under libel/slander; defamatory statements about judge as judge impede justice, challenge court authority; tendency to lower authority or obstruct justice constitutes criminal contempt. (!) (!) (!) (!) (!) (!) (!) (!)

  • Balance free speech under Article 19(1)(a) with restrictions under Article 19(2); fair criticism allowed, but exceeding limits to scandalize judges or justice administration is contempt; statements undermining court dignity/authority punishable. (!) (!) (!) (!) (!) (!)

  • Tweets alleging CJI rode expensive bike without precautions while keeping SC in "lockdown mode" denying access to justice are false/malicious; SC functioned via video conferencing during pandemic; tends to shake public confidence in judiciary/CJI. (!) (!) (!) [p_67 to p_77] (!) (!) (!)

  • Second tweet imputing SC/last four CJIs role in democracy's destruction over six years scandalizes entire institution; reaches millions via Twitter, factor against good faith; not fair criticism but calculated to erode confidence. (!) (!) (!) [p_67 to p_77] (!)

  • Lawyer of 30 years standing expected to uphold, not undermine, justice majesty; tweets based on distorted facts constitute criminal contempt; attack on SC foundation threatens democracy's pillar. (!) (!) (!) (!)

  • Contemnor No.1 guilty of criminal contempt; notice to Twitter (intermediary) discharged after blocking tweets showing bona fides. (!) (!)

  • Judiciary central pillar of democracy, guardian of rule of law; attacks shaking public trust erode system; must firmly protect authority to sustain fearless justice. (!) (!) (!) (!) (!)


JUDGMENT :

1. A petition came to be filed in this Court by one Mahek Maheshwari bringing to the notice of this Court, a tweet made by Mr. Prashant Bhushan, Advocate, alleged contemnor No.1 praying therein to initiate contempt proceedings against the alleged contemnors for wilfully and deliberately using hate/scandalous speech against this Court and entire judicial system. The Registry placed the said petition on the Administrative side of this Court seeking direction as to whether it should be listed for hearing or not, as consent of the learned Attorney General for India had not been obtained by the said Shri Maheshwari to file the said petition. After examining the matter on the Administrative side, this court on the administrative side directed the matter to be listed on the Judicial side to pass appropriate orders. Accordingly, the petition was placed before us on 22.7.2020. On the said date, we passed the following order:

    "This petition was placed before us on the administrative side whether it should be listed for hearing or not as permission of the Attorney General for India has not been obtained by the petitioner to file this petition. After examining the matter on administr


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