It is a well-known fact that once a man rebuked Lord Denning by calling him ‘an old, bald fool’. When he (Denning) came out of the court, he was surrounded by some newspersons who asked him whether he was contemplating to initiate contempt proceeding against that person. He replied in a cool and composed manner by telling the press persons that there was no question of hauling him for the contempt of court because ‘ old I am’, ‘bald-headed I am’ so, there is nothing wrong in it. As far as the ‘fool’ is concerned, it is his perception about me.’ The person who said so about the celebrated judge was no less than the renowned journalist Michael Foot, who later became the leader of opposition in the British Parliament.
Lord Atkin, another great judge had in one of his judgments that ‘justice is not a cloistered virtue. She must be allowed to suffer the scrutiny and respectful, even though outspoken comments of ordinary men’. There are some people, who want that contempt of court should be done away with but they forget that the fact if it is removed from the statute and from the Constitution (in the case of Supreme Court this power is vested in it under Article 129), then the judgments delivered by the courts will have no value. That is why no sane person will advocate for the annulling of this prerogative of the courts because that ensures the compliance of the judgments.
There have been many judges, who have expressed their resentment over the corruption in the judiciary. Talk to even any villager and he/she will narrate one or two instances of corruption in the judiciary. Retired Chief Justice Bharucha was on the record that a certain percentage of the higher judiciary was corrupt. Justice (retired) Markandey Katju had said in the open court that there was something rotten in the Allahabad High Court (paraphrasing William Shakespeare in the Hamlet). But it was a general observation and did pinpoint on any particular judge. For example, when one says or writes that politicians have become corrupt, it will not attract slander or libel but if it is said about any particular politician or the entire assembly or parliament, then it will certainly attract the defamation and contempt law.
Having said so, there is no gainsaying that in our country some people have made justice as their own handmaids. Prashant Bhushan is one of them. He thinks that he can defame, denounce, and decry the judges if they show the courage to go against him or deliver any judgment which is not liked by him or his coterie. He and his company never find legal or factual loopholes in the judgments, but they start the campaign to impeach the authority of the concerned judge(s). This provides him and his company the opportunity to blackmail and browbeat the entire judicial system.
Justice from the Supreme Court and its officers – judges and advocates both – are two different entities, although both are interdependent. But there are some people like Prashant
Bhushan, who think that they are the Supreme Court and that is the reason that he and his ilk has been treating the Supreme Court and other advocates with censorious contempt. Now when he has been found guilty of the contempt of the court, he and his gang have started maligning the judges, which is highly deplorable. If one dissects his views, statements and tweets, one will certainly come to an inescapable conclusion that all of them were scurrilous and aimed at making the fun of the judges and thereby creating the crisis of confidence in the Supreme Court and its judges.
Despite having been found guilty of the contempt of the court, the general feeling across the board is that he should not be punished. Look at the temerity of this gentleman that he wants to become a Gandhi by quoting Mahatma Gandhi. It is like a devil quoting the scriptures. My friend Advocate Asok Pande, who has himself faced many contempt proceedings says that once a person has been found guilty of the contempt of the court, he/she can escape punishment only tendering an unqualified apology. He is also of the opinion that the Attorney General should not have entreated the Supreme Court to let off Prashant Bhushan.
Now, therefore, there are only two choices left for the Supreme Court. One is to let him go free, provided he tenders unconditional apology as was very recently done by Rahul Gandhi in Rafael case or to punish him. Since Prashant Bhushan has adopted the high moral ground of a crusader and refused to apologize to the Court, then the only discretion left for the Court is to sentence him, which may be even the token punishment as was done in the case of Kalyan Singh and Arundhati Roy or punish him as was done in the case Justice (now retired) Karnan of Calcutta High Court.
let us see what sentence is awarded to him.
In the Absence of Apology, SC has no choice but to Punish Prashant Bhushan
feel free to email us [email protected]
-
A death that often rattles the mind
Parmanand Pandey, , Miscellaneous, 2
Life is an enigma, a conundrum that is full of vicissitudes, triumphs and tragedies. This is not a philosophical blabbering but...
-
India Needs to be Protected from ‘Snakes in the Ganga’
Parmanand Pandey, , Miscellaneous, 0
By Parmanand Pandey ‘Snakes in the Ganga- breaking India 2.0’ by Rajeev Malhotra and Vijaya Viswanathan is a highly...
-
Comical Behaviour of Arvind Kejriwal
Parmanand Pandey, , Miscellaneous, 0
Comical Behaviour of Arvind Kejriwal ‘Absurdity’ has no limits as far as Delhi Chief Minister Arvind Kejriwal is concerned....
-
Nascent Virtual Courts must Evolve to Maturity
Parmanand Pandey, , Miscellaneous, 0
Virtual Courts and E filings of the cases have, without doubt, come to stay even after the COVID-19. As...
-
Introduction of e-filing in Allahabad High Court is a Welcome Decision
Parmanand Pandey, , Miscellaneous, 0
It is bizarre and surprising to learn that Advocates of Allahabad High Court are up in arms over...
-
Doyen of Labour Laws and Eminent Lawyer HL Kumar Passes Away
Parmanand Pandey, , Miscellaneous, 0
A well-known lawyer of labour laws in Delhi H L Kumar is no more. He was courteous to the...
-
Murder of Arushi Remains an Enigmatic Mystery
Parmanand Pandey, , Miscellaneous, 0
There are some criminal cases, which remain deeply etched in the public memory for a long time to come....
-
S.C. Puts Rafale Controversy to Rest
Parmanand Pandey, , Miscellaneous, 0
Parmanand Pandey Rafale Fighter Jets deal case, decided by the Supreme Court, on 14th December, the last working day...
Categories
Recent Posts
- Introduction of e-filing in Allahabad High Court is a Welcome Decision
- Introduction of e-filing in Allahabad High Court is a Welcome Decision
- The conduct of Kejriwal and AAP Leaders is Repulsive and Lowest of the Low
- Comical Behaviour of Arvind Kejriwal
- Karpoori Thakur Fired with Casteism than Idealism. His Personal Honesty was Above the Board
Recent Comments
- נערות ליווי on Arun Shouri’s Latest Tome is Worthless Through and Through
- Jeromeuters on Padma Vibhushan to late Radhey Shyam Khemka: A Well-Deserved Tribute to a Saintly Editor
- Robertweple2145 on Digitalisation of Currency will Revolutionise the Money Circulation
- Victornem45678 on Live-Streaming is the Best Substitute To Open Court Hearing
- Isacwaync on Kudos to ‘Voice of Lucknow’ and its Editor for Protecting the jobs and Salaries of Journalists
Archives
- May 2024
- April 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- August 2022
- July 2022
- June 2022
- May 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
- December 2019
- October 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- August 2018
- July 2018
- June 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- May 2016
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- July 2013
- May 2013
- April 2013
- March 2013
- July 2012
- June 2012
- March 2012
- February 2012
- September 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- June 2010
- March 2010
- January 2010
- October 2009
- September 2009
- July 2009
- May 2009
- April 2009
- December 2008
- September 2008
- August 2008