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2020 Supreme(SC) 515

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


JUDGMENT :

1. Heard Shri K.K. Venugopal, learned Attorney General for India, Dr. Rajeev Dhavan, Shri Dushyant Dave, Shri C.U. Singh, learned senior counsel and the contemnor-Shri Prashant Bhushan.

2. After having adjudged Shri Prashant Bhushan, Advocate, guilty of contempt vide judgment dated 14.08.2020, Dr. Rajeev Dhavan and Shri Dushyant Dave, learned senior counsel appearing for the contemnor-Shri Prashant Bhushan raised the following arguments:

    (i) That the copy of the petition on the basis of which the suo motu cognizance was taken by this Court with respect to first tweet, filed by Shri Mahek Maheshwari, was not furnished, in spite of the application having been filed by the contemnor. Thus, it could not be ascertained whether the complaint was mala-fide or even personally or politically motivated.

    (ii) The factors relevant for sentencing are the offender, the offence, the convicting judgment, statutory or other defences relating to a substantial interference with justice, truth, bona-fides, and public interest in disclosure.

    (iii) The contemnor is a lawyer of 35 years of standing, who has pursued public interest litigation successfully at some personal and professional cost. He g

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