Prashant Bhushan files fresh plea in SC seeking review of punishment in contempt case
New Delhi: Activist-lawyer Prashant Bhushan moved the Supreme Court on Thursday seeking review of the August 31 sentencing order to either pay nominal fine of Re 1 or face a three-month jail term and debarment from law practice for three years in the contempt case for his two tweets against the judiciary.
Bhushan, who has already deposited Re 1 as fine with the apex court's registry on September 14, has filed two separate review petitions in the contempt case.
The first review plea on September 14 had challenged the August 14 verdict convicting him for the contempt of court, while the second plea has been filed against the August 31 sentencing order which imposed the fine.
In the second review plea, filed through lawyer Kamini Jaiswal, Bhushan has sought an oral hearing in an open court on the matter.
He has also sought recall of the impugned judgment and a fresh hearing, and said that the questions of law raised by him should be referred to a larger bench of appropriate strength.
The plea said Bhushan was not supplied with the copy of the contempt petition filed by a lawyer on which the apex court had taken cognisance.
Referring to an apex court judgement, the review plea said the court never indicated to Bhushan that it was contemplating barring from practicing as a lawyer.
At no point during the judicial proceedings in this matter did this court even slightly indicate that it was contemplating disbarring the Petitioner-Advocate herein from appearing before this court.
However, without any prior notice, the impugned order imposed on the petitioner a sentence in the alternative disbarring him from appearing before this court for a period of three years which is per incuriam as per the law laid down by a coordinate three judge bench in R K Anand vs Delhi High Court case.., the plea said.
The rules of natural justice, therefore, demand that before passing an order debarring an advocate from appearing in courts he must be clearly told that his alleged conduct or actions are such that if found guilty he might be debarred from appearing in courts for a specific period, it said.
Besides, Bhushan was denied an opportunity to file a fresh affidavit in case the court was not satisfied by his preliminary reply.
He said that his second tweet regarding the judiciary in the last six years was not part of the contempt petition and was a separate issue altogether and should have been placed before the Chief Justice Of India for appropriate directions in the face of settled law .
The petitioner was further denied an opportunity to lead evidence under Section 17(5) of Contempt of Courts Act, 1971, to substantiate averments in his preliminary reply, the plea said.
On August 14, the top court had held Bhushan guilty of criminal contempt for his 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.
Holding that Bhushan attempted to scandalise the entire institution of the Supreme Court, the top court had said, If such an attack is not dealt with, with requisite degree of firmness, it may affect the national honour and prestige in the comity of nations .
The top court had analysed the two tweets of Bhushan posted on the micro-blogging site Twitter on June 27 on the functioning of judiciary in past six years, and on July 22 with regard to Chief Justice of India S A Bobde. PTI SJK MNL ABA
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Kharge has put 'full stop' to leadership speculation in Karnataka: Minister Parameshwara
Bengaluru (PTI): Karnataka Home Minister G Parameshwara on Friday said AICC chief Mallikarjun Kharge has put a "full stop" on the issue of leadership change in the state.
Kharge's statement has a lot of significance and there ends the matter for now. Everyone in the party should respect and accept this, he said.
Parameshwara was referring to Kharge's statement on Thursday that there was no chief minister change in Karnataka "for now" and that the leadership issue in the state will be resolved soon.
Kharge's statement came amid speculation within the party and political circles about a possible decision on leadership change and cabinet reshuffle after May 4, once the results for assembly elections in four states and one union territory, along with bypolls to two assembly segments in Karnataka, are announced.
"Mallikarjun Kharge is our party's national president. He has a lot of experience. Several people, including me, have said that in the case of change (in leadership), if he (Kharge) comes (as CM), no one could speak in front of his experience and everyone would accept it. While replying to it, Kharge said that there is a chief minister now, and there is no question of change as of now," Parameshwara said.
Speaking to reporters here, he said, "I welcome his (Kharge) statement because I feel he has expressed his opinion after a discussion involving him, Rahul Gandhi, Sonia Gandhi, K C Venugopal and Randeep Singh Surjewala (both AICC general secretaries). I may be right or wrong. I feel that his statement has a lot of significance. So that matter ends there for now."
Responding to a question on repeated statements by several party leaders regarding leadership change, the home minister said, what the AICC chief has said on the matter is final. It should be respected and accepted by all in the party. There is no meaning in interpreting it further.
"I cannot respond to what others say, but I can say my opinion. In my opinion, the AICC chief is the supreme authority in the party. He, along with Rahul Gandhi and Sonia Gandhi, are our high command. If the high command has said something, we should both respect and accept it. There ends the matter," he said.
Kharge has put a "full stop" on the issue, he further said, adding that, "When he has said there is no change. It is a full stop."
Responding to a question on Parameshwara's recent statement about Kharge becoming chief minister, the AICC chief on Thursday said, "You (media), he (Parameshwara), and people at the top say that it is better if I become CM. But more than fate, as per my ideology and my service to the party so far, Sonia Gandhi makes decisions regarding me."
He had further said, "But that question does not arise now. There is already a CM here. If Sonia Gandhi, Rahul Gandhi, and I together have to take any decision in that direction, it will take some time. Let's wait and see."
Kharge on Friday too said no date has been fixed yet to discuss a possible leadership change in Karnataka.
Supporters of Deputy Chief Minister D K Shivakumar have been insisting on his elevation in line with a reported power-sharing agreement with Chief Minister Siddaramaiah when the party won the 2023 Assembly elections. Some have even claimed that "sweet news" is expected by May 15, which is Shivakumar's birthday.
The leadership tussle within the ruling party has intensified amid speculation about a possible change of chief minister after the Congress government completed the halfway mark of its five-year term on November 20, 2025.
The speculation has been fuelled by a reported "power-sharing" arrangement between Siddaramaiah and Shivakumar at the time of government formation in 2023.
