CPI(M) general secretary Sitaram Yechury on Friday said that the Supreme Court judgment holding activist-lawyer Prashant Bhushan guilty of criminal contempt for his tweets has weakened India's Constitutional democracy. The Supreme Court on Friday 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 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."
"Whether one agrees with the precise formulation of Mr Prashant Bhushan's tweets or not, the Supreme Court Judgement convicting him of Contempt is alarming. It brings into the ambit of Contempt, bona-fide criticism of the role played by the Supreme Court as a Constitutional authority," Yechury said.
"The Judgement will prevent open and free discussion on the role of the Supreme Court in India's democracy. This weakens India's Constitutional democracy," he said, in a series of tweets.
He also said that the judgement also brings within its scope, genuine criticism of its present day functioning and approach.
It also brings within its scope, genuine criticism of its present day functioning and approach. Hitherto, such statements were protected speech under Article 19 (1)(a) under the Constitution and were not considered contemptuous.
— Sitaram Yechury (@SitaramYechury) August 14, 2020
"Hitherto, such statements were protected speech under Article 19 (1)(a) under the Constitution and were not considered contemptuous," he said.
A bench of Justices Arun Mishra, B R Gavai and Krishna Murari said: "The tweets which are based on the distorted facts, in our considered view, amount to committing criminal contempt."
"In the result, we hold alleged contemnor No.1 - Mr. Prashant Bhushan guilty of having committed criminal contempt of this Court."
The Supreme Court also noted that such ‘attacks’ against the judiciary may “affect the national honour and prestige in the comity of nations” if not dealt with firmly.
The Supreme Court had initiated suo motu criminal contempt proceedings after an advocate filed a contempt petition against the advocate for two tweets he posted on Twitter on June 27 and June 29. One was a tweet questioning Chief Justice of India SA Bobde riding a Harley-Davidson bike in Nagpur. On July 22, the top court had issued a show cause notice to Bhushan after initiating the criminal contempt against him for his two tweets.