#prashant bhushan tweets against supreme court

[theburialofstrawberries]

[Sep 1 2020] Some good news from India, all within the last day or two

The supreme court blinked; Prashant Bhushan does not have to apologise, go to jail, or lose his license for tweets critical of the Modi govt and calling out an SC judge for riding a BJP member’s Harley Davidson. He has to pay a token Re. 1 fine

The Allahabad high court ordered the release of Dr. Kafeel Khan, a hero who saved many lives in the 2017 UP tragedy when oxygen supply to the BRD Medical College was cut. UP Police arrested him for a speech he gave to students of Aligarh Muslim University for supposedly inciting violence when he was really talking about the communal nature of the NRC exercise and how Indian muslims should band together and resist attempts that pit them against their Hindu brethren. He has been detained for 9 months, missing more than half of his new baby boy’s life in jail 

Another victim of enthusiastic Home ministry crackdowns during this pandemic (when better to arrest civil rights activists than a time where social distancing prevents protesting!!!), Devangana Kalita, member of the feminist student organisation Pinjra Tod, was finally granted bail. She, along with fellow Pinjra Tod activist and student Natasha Narwhal, have been holed up in Tihar jail for the past 90 days on the flimsiest of charges. When questioned by the court, the police literally couldn’t produce the evidence that was the basis for the arrest. This is a continuation of the attempts to paint aggression on JNU campus as having been masterminded by left wing student outfits instead of the right wing student outfit ABVP, and erase the enormous trauma and literal physical harm suffered by these students, absolutely perverse and sick 

A friend pointed out the other day that Wikipedia is doing a tremendous job in keeping the timelines straight and piecing together eyewitness accounts, so if you haven’t done so already, please do read about the 2020 Northeast Delhi riots (and the 2020 attack on JNU!!). The BJP member who incited the riots with his hate speech against the anti-CAA protestors and called on BJP supporters to take matters into their own hands recently attended the launch of a conspiracy theory book that tries to show how the riots were, in fact, anti-Hindu. Bloomsbury was forced to drop the book, and its now being published by a Tamil-Nadu based publisher owned by, surprise surprise, another BJP member. The propaganda just doesn't quit 

[breakingnews365]

Contempt case of judges:The Supreme Court reserved the verdict; Said- Why can't you apologize when you hurt someone

Contempt case of judges:The Supreme Court reserved the verdict; Said- Why can’t you apologize when you hurt someone

The Supreme Court on Tuesday reserved judgment on the contempt case of Prashant Bhushan. The court said, “Bhushan has freedom of expression, but he does not want to apologize for contempt.” The person must feel a mistake. We gave them time. But he (Prashant Bhushan) says that he will not apologize. “The Supreme Court said why can’t you apologize when someone hurts you.” The court also made it…

[legalupanishad]

Contempt of Court: All You Need to Know in 2022

This article on 'Contempt of Court: All You Need to Know' was published by Legal Upanishad.

Introduction

In this article, we will take a look at the concept of contempt of court. We will understand the meaning of the term and its different types. We will also understand various defences that can be used against the guilty verdict of contempt of court, both for civil contempt and criminal contempt. Finally, we will also take a look at famous case laws regarding contempt of court. 

What is Contempt of Court?

Contempt of Court means a violation or being disobedient to the court or to an order of the judge by an individual or it can also be considered as an act of disrupting the legal proceedings of the court. Article 129 of the Constitution of India says that the Supreme Court would be a "court of record" and it will also possess the power to punish for contempt. Article 215 of the Constitution says that every High Court of the country would be seen as a "court of record" and also would have the power to punish for contempt. The Constitution also includes contempt of court as a reasonable restriction under Article 19 (2) to the freedom of speech and expression under Article 19. 

Contempt of Court Act,1971

The Act does not properly define the exact meaning of contempt of court except for stating that it is civil contempt or criminal contempt which is given under section 2(a) of the Act. Civil Contempt which is provided under section 2(b) of the Act occurs when an individual willfully disobeys any order, judgment or decree passed by the court. Defences of civil contempt: - Lack of knowledge on the respondent side about the order of the court. - The order passed by the court wasn't under its jurisdiction. - There was no willful disobedience of the court’s order. - The order passed was vague and ambiguous in nature. - The order passed has more than one meaning. Criminal Contempt is provided under section 2(c) of the Act which means any written or spoken publication or doing any act that scandalises, obstructs or interferes with any judicial proceedings or administration of justice.  Defences of criminal contempt: - If the publication made was private in nature. - If the person who made the publication had no clue about the pendency of the case or suit. - If the publication was fair and had accurate reporting. - If the publication defames any judge in a private setting. Section 12(1) of the Act talks about punishment for contempt of court. It states that if any person is found to be guilty of an offence then such person would be published with simple imprisonment that may extend up to 6 months or levy a fine that may extend up to rs. 2000/- or both.

Contempt of Court

Landmark Case Laws on Contempt of Court

- In Re Prashant Bhushan and another In this case, the Supreme Court of India initiated a suo motu petition against a public interest lawyer, Mr Prashant Bhushan for posting two tweets on Twitter about the Supreme Court and the Chief Justice of India which the court deemed was malicious in nature and would undermine and destroy the faith of people in the judicial system. The Supreme Court held that the tweets had an "effect of destabilising the very foundation of this important pillar of Indian democracy". Hence the Court held Mr Prashant Bhushan guilty of contempt of court and imposed a fine of rs. 1/- as the punishment. - In Re Vinay Chandra Mishra In this case, the Supreme Court suspended the licence of a senior advocate, Mr Vinay Chandra Mishra to practice in the court on grounds of contempt of court. This decision was challenged in the case of the Supreme Court Bar Association vs Union of India which was then overruled. It was later held that the court does not have the authority to debar an advocate by suspending their license when found guilty of contempt of court. Such authority only lies with that particular State Bar Council or the Bar Council of India, under the Advocates Act, 1961. - Abhyudaya Mishra v. Kunal Kamra In this case, a famous stand-up comedian Kunal Kamra has been said to have scandalised the court by posting certain publications on the social media platform- Twitter. The tweets were allegedly criticising the Supreme Court for fast-tracking the bail plea of Arnab Goswami for abetting a suicide. Hence the instigation of the contempt complaint. In response, the comedian said that he did not post those tweets to diminish the authority of the court or to diminish the faith of the people in the court and that his tweets do not have the ability to shake the very foundation of the "most powerful court in the world". He continued by stating that in a democratic country no public institution of power should be above criticism.  The Attorney General of India expressed that attacking the Supreme Court of India without any merit in the claims will attract punishment which is prescribed under the Contempt of Courts Act, 1971.

Conclusion

Contempt of Court essentially means lowering the reputation or defaming the court and its presiding officers and also interfering in the judicial proceedings. The main reason why individuals are held guilty of contempt of court is to uphold the integrity, respect and faith of the people in the country's judicial system. This prompts every person to be respectful to the judiciary. Many are of the belief that this has the potential to curb the freedom of speech and expression which is provided under Article 19 (1) of the Constitution but this could not be far from the truth. Every citizen of India is allowed to have and voice their opinion about the judicial system but that has to be done in a manner that is respectful to the court. 

References

-  Contempt of Court. Insights IAS. February 2, 2022. Retrieved from:- https://www.insightsonindia.com/2022/02/02/contempt-of-court-7/#:~:text=Article129and215of,contemptsofitssubordinatecourts.  - The Contempt of Courts Act, 1971. India Code. Retrieved from:- https://www.indiacode.nic.in/handle/123456789/1514?sam_handle=123456789/1362#:~:text=IndiaCodeContemptofCourtsAct1971&text=LongTitle,theirprocedureinrelationthereto.&text=ContemptofcourtruleshighCourtmadras1975.  - In Re Prashant Bhushan, Twitter Communications India Pvt. Ltd. Global Freedom of Expression, Columbia University. Retrieved from:- https://globalfreedomofexpression.columbia.edu/cases/in-re-prashant-bhushan-twitter-communications-india-pvt-ltd/  - Supreme Court on Contempt by Advocates. LegalServiceIndia. Retrieved from:- https://www.legalserviceindia.com/articles/sc_t.htm  - Supreme Court To Consider Contempt Cases Against Comedian Kunal Kamra after 4 Weeks. Law Insider India. Retrieved from:- https://www.google.com/amp/s/www.lawinsider.in/trending/supreme-court-to-consider-contempt-cases-against-comedian-kunal-kamra-after-4-weeksamp  Read the full article

[aspirant-voice]

Contempt of Court #upsc #prelims #mains #polity #judiciary

Contempt of Court #upsc #prelims #mains #polity #judiciary

Contempt of Court #upsc #prelims #mains #polity #judiciary Context: Last week, the Supreme Court of India suo motu registered a case of contempt against lawyer Prashant Bhushan. He stands accused of the Criminal contempt.  What was the case? The court registered the proceedings after a petition was moved citing two tweets Bhushan had published over the last two months.In the tweets, the…

[bloggvalley]

Attorney General Vetoes Contempt Case Against Journalist Rajdeep Sardesai

Attorney General Vetoes Contempt Case Against Journalist Rajdeep Sardesai

The plea cited Rajdeep Sardesai’s tweets on the Supreme Court ruling in the Prashant Bhushan case.

New Delhi:

Senior journalist Rajdeep Sardesai should not be prosecuted for contempt, the attorney general has said, rejecting requests to file a case against the television news anchor for tweets that were accused of criticising the Supreme Court.

Attorney General KK Venugopal’s office had…

[trendingjagat]

Attorney General Vetoes Contempt Case Against Journalist Rajdeep Sardesai The plea cited Rajdeep Sardesai's tweets on the Supreme Court ruling in the Prashant Bhushan case.

[digitaltariq]

Attorney General Vetoes Contempt Case Against Journalist Rajdeep Sardesai The plea cited Rajdeep Sardesai's tweets on the Supreme Court ruling in the Prashant Bhushan case.

[newsoutbursts]

Attorney General Vetoes Contempt Case Against Journalist Rajdeep Sardesai The plea cited Rajdeep Sardesai's tweets on the Supreme Court ruling in the Prashant Bhushan case.

[heykav]

Contempt case: Prashant Bhushan files review plea

Contempt case: Prashant Bhushan files review plea

[ad_1] Senior lawyer Prashant Bhushan on Monday filed a review petition in the Supreme Court against its judgment convicting him and imposing a fine of Re 1 on him for criminal contempt of court in the suo motu contempt case over his tweets. [ad_2] Source link

[latestbreakingnewsupdates]

Prashant Bhushan reviews plea in SC against conviction, fine in contempt case India News - Latest Breaking News

Prashant Bhushan reviews plea in SC against conviction, fine in contempt case India News – Latest Breaking News

[ad_1]

NEW DELHI: Senior Advocate Prashant Bhushan Filed on monday Review petition In Supreme court Re 1 was fined for criminal conviction of the court after he was convicted and prosecuted against him. Contempt case On his tweet. Earlier today, Bhushan said that he would submit the fine in the registry today but added that this does not mean that he accepts the decision of the Supreme Court. He…

[mensrightsff]

[BREAKING] Petition in Supreme Court urges for contempt proceedings against @sardesairajdeep for his tweets on the suo motu contempt case of Prashant Bhushan's and issues concerning judiciary@pbhushan1 #SupremeCourt #contemptofcourt pic.twitter.com/wTdSC655of

— Bar & Bench (@barandbench) September 10, 2020

[inventivaindia]

The Prashant Bhushan Case: Critical Analysis On The Supreme Court Verdict And His Tweets

The Prashant Bhushan Case: Critical Analysis On The Supreme Court Verdict And His Tweets

We all have heard about the Prashant Bhushan’s case verdict. 

Do you know what all has precisely happened? Why was Re 1 fine imposed on the activist and lawyer Prashant Bhushan? 

Let’s first know who Prashant Bhushan is? 

Here we go! 

Who is Prashant Bhushan? 

Prashant Bhushan is an activist and public interest lawyer in the Supreme Court of India. He was a member of the team of India Against…

[bloggvalley]

Criticise Judgments But Don't Give Colour: Justice Arun Mishra On Last Day

Criticise Judgments But Don’t Give Colour: Justice Arun Mishra On Last Day

Justice Arun Mishra has declined the Supreme Court Bar Association’s invitation for a farewell ceremony.

New Delhi:

Justice Arun Mishra, whose bench held lawyer-activist Prashant Bhushan guilty of contempt for his tweets against the Chief Justice of India and other Supreme Court judges, had a clear message today for critics.

“Criticise the judgments adversely, but do not give any colour,” he…

[industryglobalnewsct]

#SC VS PRASHANT BHUSHAN VERDICT: FINE OF RE 1 OR ELSE 3 MONTHS IN PRISON WITH 3-YEAR BAN The Supreme Court of India on Monday has fined lawyer-activist Prashant Bhushan Re 1 on being held guilty of contempt for his tweets against the top court and the Chief Justice of India SA Bobde. The court clearly said that if he doesn’t pay the fine by September 15, Bhushan can either face three-months jail or a practice ban for three years. https://www.industryglobalnews24.com/sc-vs-prashant-bhushan-verdict-fine-of-re-1-or-else-3-months-in-prison-with-3year-ban

[industryglobalnews]

#SC VS PRASHANT BHUSHAN VERDICT: FINE OF RE 1 OR ELSE 3 MONTHS IN PRISON WITH 3-YEAR BAN The Supreme Court of India on Monday has fined lawyer-activist Prashant Bhushan Re 1 on being held guilty of contempt for his tweets against the top court and the Chief Justice of India SA Bobde. The court clearly said that if he doesn’t pay the fine by September 15, Bhushan can either face three-months jail or a practice ban for three years. https://www.industryglobalnews24.com/sc-vs-prashant-bhushan-verdict-fine-of-re-1-or-else-3-months-in-prison-with-3year-ban

[newzzhub]

Read Entire Supreme Court Order On Prashant Bhushan Sentencing Prashant Bhushan was held guilty of contempt for his tweets. (File) New Delhi: Lawyer-activist Prashant Bhushan was today fined Re 1 by the Supreme Court, two weeks after he was held guilty of contempt for his tweets against Chief Justice SA Bobde and the top court.