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2020 Supreme(SC) 789

SUPREME COURT OF INDIA
ARUN MISHRA, B.R. GAVAI, KRISHNA MURARI, JJ.
Amicus Curiae – Appellant
Versus
Prashant Bhusan and & Anr – Respondent
Conmt.Pet.(Crl.) No. 10 of 2009 In W.P.(C) No. 202 of 1995
Decided On : 17-08-2020

Advocates:
Advocate Appeared:
For the Respondent: Mr. Tushar Mehta, SGI Mr. K.M. Nataraj, ASG Mr. Kanu Agarwal, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Mohit Chaudhary, Adv. Ms. Puja Sharma, AOR Mr. Kunal Sachdeva, Adv. Mr. Shyam Singh Yadav, Adv. Mr. Imran Ali, Adv. Mr. Balwinder Singh Suri, Adv. Mr. Praveen Kumar, Adv. Ms. Garima Sharma, Adv. Applicant-in-person, AOR Dr. Rajeev Dhavan, Sr. Adv. Mr. Kamini Jaiswal, AOR Mr. Kapil sibal, Sr. Adv. Mr. Rohit Kumar Singh, AOR

Headnote:

Contempt of Courts Act – Criminal Laws – Corruption – Public Statement – Allegations against Judge – Held, Question that has been framed by this Court has certain far-reaching ramifications on which court would like to hear counsel for parties – Court would also like counsel to address this Court on additional issues – Order Accordingly

ORDER :

1. Heard learned counsel for the parties at some length.

2. The question that has been framed by this Court has certain far-reaching ramifications on which we would like to hear the learned counsel for the parties.

3. We would also like the learned counsel to address this Court on the following additional issues:

(i) In case a public statement as to corruption by a particular Judge(s) is permissible, under what circumstances and on what basis, it can be made, and safeguards, if any, to be observed in that regard ?

(ii) What procedure is to be adopted to make complaint in such cases when the allegation is about the conduct of a sitting Judge ?

(iii) Whether against retired Judge(s), any allegation as to corruption can be made publicly, thereby shaking the confidence of general public in the judiciary; and whether the same would be punishable under the Contempt of Courts Act?

4. List on 25.8.2020.

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