Contempt of court: BCI directs Bar Council of Delhi to 'examine' Prashant Bhushan’s tweets

Satya Prakash

Tribune News Service

New Delhi, September 4

Activist-lawyer Prashant Bhushan’s problems arising out of his controversial tweets against CJI SA Bobde and four former CJIs appears to be far more over.

Four days after the Supreme Court ordered him to pay a fine of Re 1 by September 15 for contempt of court, failing which he will be sent to jail for three months and debarred from practising before it for three years, the Bar Council of India has now taken up the matter.

Bhushan had on August 31 announced that he will “respectfully” pay the fine as he has “the greatest respect for judiciary”. Insisting that his tweets were not intended to disrespect the Supreme Court or the judiciary, he had said he reserved his right to file a review petition.

However, the BCI—which regulates the legal profession in India—has directed the Bar Council of Delhi to “examine” the Supreme Court’s decision convicting Bhushan of contempt of court and proceed as per law and rules “as expeditiously as possible”.

The decision was taken in the BCI General Council meeting held on Thursday via video conference that “discussed and deliberated” upon the top court judgments of August 14 and August 31 that held Bhushan guilty of criminal contempt of court and ordered him to pay a token fine or Re 1.

“The Council is of the view that the tweets and statements made by Shri Prashant Bhushan, Advocate and the Judgment of the Hon’ble Supreme Court of India needs thorough study and examination by the Bar Council in the light of the statutory duties, powers and functions conferred on it under the Advocates’ Act, 1961 and the rules framed thereunder, particularly, Section-24A and Section-35 of the Advocates Act, 1961 and Chapter-II, Part-VI of Bar Council of India Rules,” BCI Secretary Srimanto Sen said on Friday.

The meeting was chaired by BCI Vice-Chairman Satish A Deshmukh, Sen added.

A three-judge Bench headed by Justice Arun Mishra—which held Bhushan guilty of contempt of court on August 14 for scandalising the Judiciary by his tweets against CJI SA Bobde and four former CJIs—had taken strong exception to the contemnor talking to the press and releasing his statement to journalists in advance.

Two days after the verdict, Justice Mishra demitted office on September 2.

“We are of the view that, in the circumstances, the defence taken cannot be said to be either in the public interest or bona fide one. On the contrary, it is more derogatory to the reputation of this Court and would amount to further scandalising and bringing administration of justice in disrepute, in which the common citizen of this country has faith and approaches this Court as a last resort for getting justice,” the top court had said, adding the contemnor has indulged in making reckless allegations against the institution of justice.