The Supreme Court on August 30 dropped contempt proceedings initiated against civil rights lawyer Prashant Bhushan for his remarks on judicial corruption in Tehelka magazine in 2009.
A three-judge Bench led by Justice Indira Banerjee said it was not necessary to continue with the proceedings in light of the explanation rendered by Prashant Bhushan about his intent and the circumstances which led him to make the comments.
Scandalising as contempt: On proceedings against Prashant Bhushan
Contempt proceedings against journalist Tarun Tejpal, who headed the magazine, has also been terminated. The case was last heard in 2020.
It had brought to the fore several cardinal issues, including the right to criticise the judiciary in a public forum and whether a person who expressed an bonafide opinion about judicial corruption was obliged to prove it or whether it was enough to show that he bonafide had held that opinion.
The case had passed through several Benches of the Supreme Court. The last two were that of Justices Arun Mishra and A. M. Khanwilkar, both now retired.
"Allegation of corruption per se cannot be contempt because the same pertains to criticism of a judge for a biased dispensation of justice and would in all cases require further investigation before such allegations are brushed aside at the threshold," Mr. Bhushan had explained in his written submissions to the court in 2020. He had said truth was a defence under Section 13(b) of the Contempt of Courts Act, 1971.
The senior lawyer had said he used the word 'corruption' in the interview in a wider sense to include any act of impropriety other than merely financial corruption.
