Prasanth bushan sc full order pdf www.sekarreporter.com

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1
REPORTABLE
IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
SUO MOTU CONTEMPT PETITION (CRL.) NO.1 OF 2020
IN RE:
PRASHANT BHUSHAN & ANR. …. ALLEGED CONTEMNOR(S)
JUDGMENT
1. A petition came to be filed in this Court by one Mahek
Maheshwari bringing to the notice of this Court, a tweet made
by Mr. Prashant Bhushan, Advocate, alleged contemnor No.1
praying therein to initiate contempt proceedings against the
alleged contemnors for wilfully and deliberately using
hate/scandalous speech against this Court and entire judicial
system. The Registry placed the said petition on the
Administrative side of this Court seeking direction as to
whether it should be listed for hearing or not, as consent of the
learned Attorney General for India had not been obtained by
the said Shri Maheshwari to file the said petition. After

 

107
“…. And whenever men’s allegiance to the
law is so fundamentally shaken, it is the
most fatal and most dangerous
obstruction of justice, and, in my opinion,
calls out for a more rapid and immediate
redress than any other obstruction
whatsoever; not for the sake of the Judges,
as private individuals, but because they
are the channels by which the King’s
justice is conveyed to the people.”
75. The tweets which are based on the distorted facts, in
our considered view, amount to committing of ‘criminal
contempt’.
76. Insofar as the alleged contemnor No.2 is concerned,
we accept the explanation given by it, that it is only an
intermediary and that it does not have any control on what the
users post on the platform. It has also showed bona fides
immediately after the cognizance was taken by this Court as it
has suspended both the tweets. We, therefore, discharge the
notice issued to the alleged contemnor No.2.

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