What is wrong in apologising, Supreme Court asks Prashant Bhushan

A bench comprising Justices Arun Mishra, BR Gavai and Krishna Murari reserved the verdict after a detailed hearing on the matter.

Senior advocate Rajeev Dhavan, appearing for Bhushan, contended before the bench that the top Court can say that it does not agree with Bhushan and that he should exercise restraint while making statements in the future.

To this, Justice Mishra said: "We thank you, Dr Dhavan. Even Prashant Bhushan has shown respect in some part of his statement."

The bench, referring to Bhushan's refusal to apologise for his tweets, asked: "What is wrong in apologising? Is this word so bad?"

During the hearing, the bench also gave 30 minutes to Bhushan to think over his stand for not expressing regret in connection with the tweets.

Attorney General KK Venugopal submitted before the bench that his suggestion would be to close the matter without punishing Bhushan.

At this, Justice Mishra observed that for how long the system would suffer this. The bench noted that judges are condemned and their families are humiliated. "They cannot even speak," noted the bench.

The top Court told Bhushan's counsel that it expects him to be impartial. "You may have love and affection for anyone... but we want you to be fair. Don't take sides," said Justice Mishra.

Dhavan argued that the top Court could say in the judgment that it did not agree with Bhushan. He also insisted that nobody can be forced to tender an apology in a contempt proceeding and added that the Harley Davidson remark made by Bhushan was hardly criticism.

The apex Court could say in the judgment about the kind of code people should follow, but the idea should not be to silence Bhushan, he said.

Dhavan reiterated that the bench should not make him a martyr, as he has not committed murder or theft.

The AG, meanwhile, insisted that the top Court should forgive Bhushan and take a compassionate view on the matter. The bench noted that a person should realise his mistake and cited that it gave time to Bhushan, but he refused to apologise. The AG said Bhushan should withdraw all statements and express regret. (IANS)

Justice Mishra on Bhushan's reply: Earlier, Justice Arun Mishra, during the hearing on the sentencing of advocate Prashant Bhushan convicted in a contempt case, said it was painful to read Bhushan's reply in justification of his tweets.

A Supreme Court bench headed by Justice Mishra and comprising Justices BR Gavai and Krishan Murari observed that if somebody like Bhushan, with experience of over 30 years, says something then people tend to believe him. The bench said people will think whatever Bhushan is saying is correct, and if it were somebody else then it was easier to ignore. But when Bhushan says something it has some effect, added the bench.

Justice Mishra noted that there is a difference between a politician and an officer of the Court. He added that he is not making a comment on Bhushan, but this is something happening these days. He added, people go to the press in sub judice matters and make all kinds of comments.

Senior advocate Rajeev Dhavan, representing Bhushan, contended before the Court that it should not make him a martyr, and this controversy will end when the Court shows statesmanship. "If you want to bar him from practice, you will have to hear him first," submitted Dhavan.

Justice Mishra said that many people have criticised the top Court, but how many people have been convicted or punished? Citing Bhushan's 2009 contempt case, Justice Mishra added there is another case pending since 2009, and asked if he has been punished there? "I have to demit office and it is painful to deal with all this," said Justice Mishra. The hearing on the matter is in progress. (IANS)

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