‘What’s Wrong in Apologising,’ Supreme Court Asks Prashant Bhushan, Reserves Order in Contempt Case

Earlier today, Attorney General KK Venugopal told the top court that he should be pardoned "with a warning" as he sought forgiveness for the activist-lawyer.

New Delhi: The Supreme Court on Tuesday reserved its order on the quantum of punishment regarding the suo motu criminal contempt case against lawyer-turned-activist Prashant Bhushan.

“If you are hurting someone, then what is wrong in apologising…For how long the system will suffer all this. I am retiring in a few days. Will it be okay if you or others start attacking me? Why to say you can say anything against retired judges,” asked outgoing judge Justice Arun Mishra in an emotional statement.

“Bhushan says the Supreme Court has collapsed, is it not objectionable,” asked the bench.

The court can speak through orders only and even in his affidavit, Bhushan has made disparaging remarks against the judiciary, the bench said.

Earlier today, Attorney General KK Venugopal told the top court that he should be pardoned “with a warning” as he sought forgiveness for the activist-lawyer.

Venugopal told SC that Bhushan “should withdraw all statements and express regret.”

However, Rajeev Dhavan, representing the accused lawyer, argued that AG’s suggestion that Bhushan be reprimanded “will be extreme”.

The Supreme Court had granted 30 minutes to Prashant Bhushan, before the sentencing hearing resumes, to ‘think over’ his stand of not expressing regret over his tweets against the judiciary.

Bhushan had on Monday refused to apologise in his supplementary reply before the apex court.

“I believe that the Supreme Court is the last bastion of hope for the protection of fundamental rights.

“If I retract a statement before this court that I otherwise believe to be true or offer an insincere apology, that in my eyes would amount to contempt of my conscience and of an institution that I hold in highest esteem,” he had said.

Prashant Bhushan has been held guilty for making derogatory comments in two separate tweets that allegedly accused the last four Chief Justices of a role in the “destruction of democracy” during undeclared “emergency” for the last six years.

He also alleged that the “present Chief Justice” – SA Bobde – rode a bike in Nagpur “while keeping the apex court in lockdown and denying citizens their right to access to justice”.