The Supreme Court imposed a token fine of Re 1 on advocate Prashant Bhushan whom it found guilty of contempt for two of his tweets on Monday, adding that in case he failed to pay by September 15 he would have to undergo a three-month jail sentence and be barred from practising for three years.
A bench of Justice Arun Mishra, B R Gavai, and Krishna Murari observed, “Freedom of speech cannot be curtailed but rights of others need to be respected.”
The verdict said not only had the bench persuaded Bhushan to express regret but Attorney General K. K. Venugopal had also opined that it was in the fitness of things that the contemnor should express regret.
The bench also noted that the statements of Bhushan submitted in the court were released to the media before they were taken on record.
Alter, Bhushan said he would submit the token fine of Re 1, but indicated he would file a review plea against the order.
Bhushan said he had the greatest respect for the institution of the Supreme Court and judiciary and his tweets were not intended to disrespect the apex court.
"While I reserve the right to seek a review of the conviction and sentencing, by way of an appropriate legal remedy, I propose to submit myself to this order and will respectfully pay the fine, just as I would have submitted to any other lawful punishment," he said hours after the top court imposed the fine.
"I have had the greatest respect for the institution of the Supreme Court. I have always believed it to be the last bastion of hope, particularly for the weak and the oppressed who knock at its door for the protection of their rights, often against a powerful executive," Bhushan said at a press conference by CJAR (Campaign for Judicial Accountability & Reforms) and Swaraj Abhiyan.
During an earlier hearing, the Supreme Court bench had orally observed that the sentence, if any, will not be enforced against Bhushan till the decision is taken on his plea seeking review of the judgement convicting him in the contempt case.
On August 14, the apex court had held Bhushan guilty of criminal contempt for his two derogatory tweets against the judiciary and maintained they cannot be said to be a fair criticism of the functioning of the judiciary made in public interest.
Bhushan in his statement had refused to offer an apology to the Supreme Court for the tweets, saying what he had expressed represented his bona fide belief which he continued to hold.
On August 25, senior advocate Rajeev Dhavan had urged the top court to show "judicial statesmanship" and not make Bhushan a "martyr" by punishing him for contempt over the tweets, after the activist-lawyer rejected fresh suggestions from the court for an apology.
Dhavan, representing Bhushan, had suggested that the top court recall the August 14 verdict convicting the activist lawyer and not to impose any sentence. He urged it to not only close the case but also to bring an end to the controversy.
Justice Mishra is demitting office on September 2.
Venugopal had requested the court to forgive Bhushan with a message that he should not repeat this act.
He also said Bhushan, who has been refusing to tender an unconditional apology for the tweets, should withdraw all statements and express regret.
The bench had then given 30 minutes to Bhushan to "think over" withdrawing his statements made in the court and said he made "disparaging remarks against the institution and the judges".
The bench had earlier, on August 20, granted time till August 24 to Bhushan to reconsider his "defiant statement" and tender "unconditional apology" for the contemptuous tweets.
Referring to Bhushan's statements and his refusal to apologise, the bench had told Venugopal that mistakes were committed by all but they needed to be accepted, but Bhushan was not willing to accept that.
Dhavan had argued that reprimanding Bhushan like "don't do it again" as suggested by the Attorney General will not be correct and instead a statesman-like message should be there like "Mr Bhushan though we disagree with many things, but from next time you should be more responsible".
