Activist-lawyer Prashant Bhushan urged the Supreme Court on Tuesday to give a statesman-like message by recalling the verdict convicting him of contempt of the court for two tweets against the judiciary.

Attorney General K.K. Venugopal also asked the bench headed by Justice Arun Mishra to forgive Bhushan, who has been refusing to tender an unconditional apology for the tweets.

He also said that Bhushan should withdraw all statements and express regret.

The bench, which had on August 20 granted Bhushan time till Monday to reconsider his statement and tender an unconditional apology for the tweets, concluded hearing on the quantum of punishment to be awarded to him on Tuesday.

“Although the attorney general suggested reprimand but that will be extreme. Don't make Prashant Bhushan a martyr. Don't do it. He has not committed murder or theft,” senior advocate Rajeev Dhavan, appearing for Bhushan, submitted before the bench, also comprising Justice B.R. Gavai and Justice Krishna Murari.

Referring to the supplementary statement tendered by Bhushan, his lawyer said that not only should this case be closed, there should be a statesman-like message from the top court.

“I make two suggestions. The convicting judgement should be recalled and no sentence should be imposed,” Dhavan said, explaining he was making a statement on his client’s behalf.

Referring to Bhushan's statements and his refusal to apologise, the bench told Venugopal that mistakes were committed by all but they needed to be accepted, but that Bhushan was not willing to accept it.

“We have to be respectful to each other and tolerant. We are not separate from you (lawyers). We have also come from the Bar. We are open to criticism but we cannot go in public,” the bench said.

Justice Mishra, who is demitting office on September 2, said that judges cannot go to the Press to speak their mind. “We are not carrying prejudice against anyone. Don't think we are not tolerating criticism. There are several contempt petitions pending but tell us, has anyone been punished ever? It is painful to see such things happening at a time when I am demitting office,” Justice Mishra said.

The court, which granted 30 minutes to Bhushan to “think over” his stand of not expressing regret over his tweets, later sought the views of Dhavan on the punishment to be awarded to Bhushan in the contempt case.

Dhavan said he did not support Venugopal's view that Bhushan be reprimanded as it would be an extreme punishment and moreover, he had not committed murder or theft and any punishment would make him a martyr .

Taking note of Bhushan's refusal to apologise, the bench asked, “Tell us what is wrong in using the word ‘apology’? What is wrong in seeking apology? Will that be (a) reflection of the guilty? Apology is a magical word, which can heal many things,” Justice Mishra said, according to livelaw.in.

Venugopal said judges were the third party in this case against whom the alleged statements have been made and the court had not heard them.

“Why are such allegations being made in the first place,” the bench asked. “Judges cannot defend themselves,” the bench observed and said that it was the Attorney General who “will have to protect the system”.

The apex court had on August 14 held Bhushan guilty of criminal contempt for two derogatory tweets against the judiciary saying they cannot be said to be a fair criticism of the functioning of the judiciary made in the public interest.

He faces simple imprisonment of up to six months, or with a fine of up to Rs 2,000, or with both, as punishment.