Bar Council of Maharashtra & Goa Favours Supreme Court Ruling against Prashant Bhushan
(Judicial Quest News Network)
“If the Judiciary is to perform its duties and functions effectively, it is essential to protect the dignity and the authority of the Courts.”
The Bar Council of Maharashtra and Goa has passed a resolution on Wednesday favouring the Supreme Court’s ruling against the civil-rights activist and Lawyer Prashant Bhushan in a criminal contempt case.
On 14 August 2020, Prashant Bhushan was held guilty of criminal contempt by a Supreme Court bench consisting of Justices Arun Mishra, B.R. Gavai, and Krishna Murari. He is due to be sentenced by the Supreme Court today.
This case, which was the result of suo moto proceedings instituted by the Supreme Court on the basis of two tweets issued by Bhushan in June 2020, has brought the matter of ‘contempt of court’ into the public eye.
It is interesting that another contempt case involving Bhushan, based on remarks he made in a 2009 interview with Tehelka magazine, has also been listed for hearing before the Court.
The case had been dormant until the Court issued the notice regarding Bhushan’s tweets.
The Contempt of Courts Act, 1971 allows the Court wide discretion in sentencing, from a fine of up to Rs. 2000 to up to six months of simple imprisonment.
There have been several instances in the past where the Court has taken suo moto cognizance of contempt: famously, Arundhati Roy was sentenced to one day of simple imprisonment along with a Rs. 2000 fine for publishing an essay on the Narmada Bachao Andolan case which the Court believed amounted to a “misrepresentation of the proceedings.”
The Council represents 1,75,000 lawyers in the entire state of Maharashtra & Goa, we have gone through the Judgement delivered by the Hon’ble Supreme Court of India in Re: Prashant Bhushan.It is unfortunate that when the political ends of lawyers are not served by a decision of the court, they vilify the Court by making scandalizing remarks. Legitimate criticism of both judgements and the functioning of the institution has always existed however when the criticism is calculated and actuated by malice, it is the authority of the Court which is undermined.
We unanimously state that the efforts of pressurizing Hon’ble Judges, by making statements are in total derogation of the Constitution of India. The trend to malign Supreme Court is dangerous & must be dealt with Iron hand. Anyone who maligns the Hon’ble Supreme Court of India must be dealt as per law.
We repose confidence in the entire judicial System and we condemn the efforts to pressurize the judiciary.
The resolution which is signed by the Council’s President Subhash Ghatke, also said: “if the judiciary is to perform its duties and functions effectively, it is essential to protect the dignity and authority of the Courts. The foundation of the judiciary is the confidence of the people in its ability to deliver justice. The actions of these institutions disrupts through name and usage of certain phrases such as “Supreme Court has destroyed democracy”. The ‘Supreme Court is killing the Constitution’
Have the tendency to destroy the faith of the public in the judiciary.
The resolution have been forwarded to Chief Justice of India, Chief Justice of Bombay High Court and Chairman bar Council of India.
