Prem Shankar Jha: The Shadow of Haren Pandya’s Case Lies Long Over Justice Arun Mishra
To say that the Supreme Court’s verdict of contempt of court against Prashant Bhushan has shocked civil society in India would be an understatement. There has been an outpouring of dismay and anger in which even attorney general K.K. Venugopal has joined. Most of the protest has focussed on the blow that punishing Bhushan will deal to civil liberties, notably the freedom to express an opinion, the freedom to differ and the freedom to criticise – without which democracy cannot survive. But one feature of the judgment has not received the attention it deserves: the Supreme Court is the court of final appeal in the country. But in this case, it is both prosecutor and judge. As the Latin phrase goes, Quis custodiet ipsos custodes?, or who will guard the guardians? By filing a suo moto case against Bhushan before itself, the Supreme Court has forced us to ask this question. And to it, there can be only one answer: that task has now devolved upon the p...