Prashant Bhushan Found Guilty of Criminal Contempt: Supreme Court's Stance on Judicial Criticism
In Re: Prashant Bhushan & Anr.
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• 4 min readKey Takeaways
• A court cannot punish for contempt merely because a statement is critical of judges if it does not undermine the authority of the court.
• Section 2(c) of the Contempt of Courts Act defines criminal contempt as any act that scandalizes or tends to lower the authority of any court.
• Judicial criticism must be fair and made in good faith; otherwise, it risks being classified as contempt.
• The Supreme Court has inherent powers under Articles 129 and 142 to punish for contempt, independent of the Contempt of Courts Act.
• Public confidence in the judiciary is paramount; any act that undermines this confidence may lead to contempt proceedings.
Introduction
In a landmark ruling, the Supreme Court of India found advocate Prashant Bhushan guilty of criminal contempt for his tweets that were deemed to undermine the authority of the judiciary. This decision underscores the delicate balance between the right to free speech and the need to maintain respect for judicial institutions. The Court's ruling emphasizes that while criticism of the judiciary is permissible, it must not cross the line into contempt.
Case Background
The case arose from a suo motu contempt petition initiated by the Supreme Court following tweets made by Prashant Bhushan. The first tweet criticized the Chief Justice of India (CJI) for riding a costly motorcycle during a period when the Supreme Court was not physically hearing cases due to the COVID-19 pandemic. The second tweet expressed Bhushan's opinion that the Supreme Court had played a significant role in the destruction of democracy in India over the past six years.
What The Lower Authorities Held
The Supreme Court took cognizance of the tweets, stating that they prima facie brought the administration of justice into disrepute and undermined the dignity of the Supreme Court and the office of the CJI. The Court issued notices to both Bhushan and the Attorney General, leading to a detailed examination of the tweets and the context in which they were made.
The Court's Reasoning
The Court's reasoning centered on the need to protect the dignity and authority of the judiciary. It emphasized that while freedom of speech is a fundamental right, it is subject to reasonable restrictions under Article 19(2) of the Constitution. The Court noted that the tweets in question were not merely expressions of opinion but were capable of misleading the public and undermining trust in the judicial system.
The Court highlighted that the first tweet misrepresented the functioning of the Supreme Court during the pandemic, suggesting that it was in lockdown mode, which was factually incorrect. The Court pointed out that the Supreme Court had been functioning through video conferencing and had addressed numerous cases during the lockdown period.
In relation to the second tweet, the Court found that it was directed against the institution of the Supreme Court and the last four Chief Justices, rather than being a fair criticism. The Court stated that such statements could potentially destabilize public confidence in the judiciary, which is essential for the rule of law in a democratic society.
Statutory Interpretation
The Supreme Court's ruling relied heavily on the provisions of the Contempt of Courts Act, 1971, particularly Section 2(c), which defines criminal contempt. The Court reiterated that the purpose of contempt proceedings is not to protect individual judges but to uphold the authority of the judiciary as a whole. The Court also referenced its inherent powers under Articles 129 and 142 of the Constitution, which allow it to punish for contempt independently of statutory provisions.
CONSTITUTIONAL OR POLICY CONTEXT
The ruling is significant in the context of the ongoing discourse about the balance between free speech and the need to maintain respect for judicial institutions. The Supreme Court acknowledged the importance of constructive criticism but emphasized that such criticism must not undermine the authority of the judiciary or shake public confidence in its ability to deliver justice.
Why This Judgment Matters
This judgment is crucial for legal practice as it clarifies the boundaries of permissible criticism of the judiciary. It reinforces the principle that while advocates and citizens have the right to express their opinions about judicial functioning, such expressions must be responsible and not defamatory or misleading. The ruling serves as a reminder that the judiciary must be protected from attacks that could undermine its authority and the public's trust in the legal system.
Final Outcome
The Supreme Court ultimately held Prashant Bhushan guilty of criminal contempt and indicated that such actions would not be tolerated, especially when they threaten the integrity of the judicial system. The Court discharged the notice issued to Twitter Inc., recognizing its role as an intermediary that had acted to block access to the tweets in question.
Case Details
- Case Title: In Re: Prashant Bhushan & Anr.
- Citation: 2020 INSC 489
- Court: IN THE SUPREME COURT OF INDIA
- Bench: ARUN MISHRA, J. & B.R. GAVAI, J. & KRISHNA MURARI, J.
- Date of Judgment: 2020-08-14
