38.6c New Delhi, India, Friday, April 26, 2024
Legal Insiders

‘Contempt Power Getting Used as Sledgehammer’: Kapil Sibal On Prashant Bhushan Contempt Case

By Bakul      25 August, 2020 06:07 PM      0 Comments
‘Contempt Power Getting Used as Sledgehammer’: Kapil Sibal On Prashant Bhushan Contempt Case

The Apex court had initiated suo motu contempt proceedings against Bhushan for publishing two tweets, the first tweet, which was posted on June 27 alleged that the last four Chief Justices had played a role in the “destruction of democracy” during undeclared “emergency” for last six years and the second tweet on June 29 allegedly said the present Chief Justice rode a stationary bike at Nagpur while keeping the apex court in lockdown and denying citizens their right to access to justice.

Advocate Prashant Bhushan has maintained that he was “exercising his freedom of speech” and giving his opinion about the functioning of the court, and it does not amount to “obstruction of justice”, necessitating the contempt proceedings.

On August 14, Prashant Bhushan was held responsible for contempt for tweets. The Supreme Court had observed that allegations against it may lead to loss of faith in the judiciary and of confidence among other judges. “In order to protect the larger public interest, such attempts of an attack on the highest judiciary of the country should be dealt with firmly,” the judges said.

On Thursday (August 20,2020), the Supreme Court rejected Bhushan’s request to adjourn the hearing on the quantum of punishment and to transfer it to another bench. The court then gave Bhushan two to three days to reconsider his statements about the court and the chief justice. Bhushan told a bench, headed by Justice Arun Mishra, that he would consult his lawyers and think over the top court’s suggestion.

Following the Conviction of senior Advocate, Prashant Bhushan by the Supreme Court, Congress chief Kapil Sibal got out in defense of lawyer-activist Prashant Bhushan on Saturday (August 22,2020) morning, tweeting that “contempt power is getting used by the courts as a sledgehammer” and warning that historical past would choose the courts for “having allowed us to down”.

Prashant Bhushan Contempt power being used as a sledgehammer. Why are Courts helpless when institutions that need to protect the constitution and the laws show “open contempt “ for both ? Larger issues are at stake History will judge the Court for having let us down,” Sibal, tweeted.

He had also posted relating to the matter on the occasion of Independence Day by saying that, “As we celebrate Independence Day, courts must never forget that their commitment to the cause of liberty and our constitutional values will be judged not by their words and homilies but by their actions in dealing with causes. Happy Independence Day.”

Earlier than Sibal, the Congress had on Thursday (August 20,2020) mentioned that the “regulation needs to be utilized in an even-handed, truthful and balanced method” within the context of the contempt case. Congress’ spokesperson and Senior Advocate Abhishek Manu Singhvi mentioned the issues raised by these after the judgment are actually not in any method false or frivolous.



Share this article:



Leave a feedback about this
TRENDING NEWS

supreme-court-orders-man-to-pay-rs-25-lakh-for-misappropriating-wifes-jewellery-on-wedding-night
Trending Judiciary
Supreme Court Orders Man to Pay Rs 25 Lakh for Misappropriating Wife's Jewellery on Wedding Night [Read Judgment]

Supreme Court orders man to pay Rs 25 lakh for taking wife's jewelry in 2003, emphasizing her right to stridhan as absolute property.

25 April, 2024 03:31 PM
sc-advocate-calls-for-overhaul-of-costly-5-year-law-courses-proposes-4-year-blaw-program-under-nep-2020
Trending Judiciary
SC Advocate calls for overhaul of costly 5-year law courses, proposes 4-Year B.Law under NEP 2020

SC Advocate proposes a 4-year B.Law program under NEP 2020 to replace costly 5-year courses, citing financial and academic burdens.

25 April, 2024 04:15 PM

TOP STORIES

sc-orders-medical-examination-of-yr-old-rape-survivor-seeking-to-terminate-her-week-pregnancy
Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM
a-critique-of-the-supreme-courts-adventurism-for-lgbtqia-rights
Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
new-criminal-laws-watershed-moment-for-society-cji
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM
sc-grants-permission-for-medical-termination-of-pregnancy-of-14-yr-old-rape-survivor
Trending Judiciary
SC grants permission for medical termination of pregnancy of 14-yr-old rape survivor

Supreme Court grants medical termination of pregnancy to 14-yr-old rape survivor after assessing adverse health impacts, setting aside Bombay HC's decision.

22 April, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email