Facing Contempt Case, Prashant Bhushan Says Sorry for Just One Remark; 'Why No Helmet by CJI?'
In his 134-page affidavit on criminal contempt,
advocate Prashant Bhushan has regretted only one thing -- that he did not
notice the motor cycle was on a stand when he tweeted on CJI SA Bobde riding a
Rs 50-lakh bike "without a helmet". Apart from this, the
extensive affidavit by Bhushan, in response to the Supreme Court's notice of
criminal contempt, has not even once mentioned "regret" or
"apology" and rather stood firm on his assertions regarding last four
CJIs and their alleged role in destruction of democratic values.
He cited instances
ranging from Sahara-Birla diary case to judge Loya death, from Kaliko Pul
suicide case to medical admission scam, from Master of Roster controversy to
NRC in Assam, from abrogation of Article 370 to Citizenship Amendment Act, to
justify his statements regarding alleged failure by the judiciary. Bhushan also
reproduced speeches delivered and opinions written by several sitting and
retired judges such as Justices DY Chandrachud, Deepak Gupta, Madan B Lokur and
AP Shah to corroborate that his concerns regarding stifling of dissent,
majoritarianism and authoritarianism had been echoed by them also.
The affidavit tried to
explain three broad categories of Bhushan's assertions -- "democracy has
been substantially destroyed during the last six years; by its acts of
commissions and omissions, the Supreme Court has allowed the emasculation of
our democracy; and the role played by the last four CJIs has been very critical
in the above mentioned process”. Bhushan substantiated
his two contentious tweets from June that prompted the top court to issue a
show-cause notice of criminal contempt against the activist-lawyer on July 24.
Bhushan said his tweet
about CJI Bobde riding a motorcycle was to underline his anguish at the
non-physical functioning of the Supreme Court for last more than 3 months, with
hardly any cases being effectively heard, which impeded access to justice. Besides, he added that
Chief Justice is not the Court and a bona fide critique of the actions of the
CJI cannot and do not scandalise the Court. "To assume and
suggest that 'CJI is the SC, and SC is the CJI', is to undermine the
institution of SC," stated the affidavit….
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