New Delhi: Hours after the Supreme Court of India sentenced Prashant Bhushan to a fine of Re 1 in the contempt case against him, the lawyer and activist said that as he had already decided to accept any penalty, he will “respectfully pay the fine”.
The SC on Monday morning asked Bhushan to pay a fine of Re 1 by September 15, failing which he would be subjected to three months of imprisonment and debarred from practicing law for three years.
Responding to the sentencing, Bhushan said, “I am here to cheerfully submit to any penalty that can lawfully be inflicted upon me for what the Court has determined to be an offence, and what appears to me to be the highest duty of a citizen.”
However, he hinted that he may seek a review of the conviction and sentencing “by way of an appropriate legal remedy” while advocating a pan-India movement to uphold freedom of speech.
“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. My tweets were not intended in any way to disrespect the Supreme Court or the judiciary as a whole, but were merely meant to express my anguish, at what I felt, was a deviation from its sterling past record,” he said.
He added that his tweets were not an issue of him versus the judges or the Supreme Court, but about his conviction that India needs “a strong and independent judiciary.”
“When the Supreme Court of India wins, every Indian wins. Every Indian wants a strong and independent judiciary. Obviously if the courts get weakened, it weakens the republic and harms every citizen,” he said.
He thanked all those who stood by him even as the SC heard the contempt of court case against him. “I am extremely grateful and humbled by the solidarity and support expressed by countless persons, ex-judges, lawyers, activists and fellow citizens who encouraged me to remain firm and true to my beliefs and conscience.” He thanked his legal team, especially senior advocates Rajeev Dhavan and Dushyant Dave, who he said fought a spirited fight in his defence.
He concluded by saying, “I am more confident now than ever before that truth shall prevail.”
Prashant Bhushan holding up Re 1 after the Supreme Court’s sentencing order was announced. Photo: Twitter/Prashant Bhushan
Bhushan’s statements came at a press briefing organised by the Campaign for Judicial Accountability and Reforms (CJAR) and Swaraj India. The campaign’s representative Anjali Bhardwaj said that following the Bhushan judgment, CJAR would campaign for a “robust mechanism for looking into complaints regarding misconduct and corruption in the judiciary.”
“In several recent cases, the lacunae in the existing system have come out specifically related to the allegations of corruption against CJI of India. We need an independent system to address these complaints,” said Bhardwaj.
Speaking at the briefing, Yogendra Yadav of Swaraj India said, “This (the case against Bhushan) wasn’t just about Prashant Bhushan, it was about something much deeper. In a way, Prashant Bhushan became a symbol of thousands, probably lakhs of people who are in a situation much worse than him, and yet are continuing their fight for freedom of expression.” By fighting a battle to save free speech, he said the activists are fighting to save Indian democracy.
He said in the days to come, Swaraj India and CJAR would launch a campaign “Re 1, everyone” to ask for donations to create a corpus to provide legal support to those who are facing trials in their fight for freedom of speech. “I see the movement for freedom of expression as a movement for freedom of conscience. The large support that Prashant Bhushan got in the last few days was a movement. This is what needs to be strengthened,” said the Swaraj India leader.
In his concluding remarks, Bhushan said, “They (all those who supported him) strengthen my hope that this trial may draw the country’s attention to the cause of freedom of speech and judicial accountability and reform. What is very heartening is that this case has become a watershed moment for freedom of speech and seems to have encouraged many people to stand up and speak out against the injustices in our society.”
Bhushan’s complete statement has been reproduced below.
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Statement by Prashant Bhushan in response to the sentencing order in the Suo motu contempt case
31st August 2020
The Supreme Court of India has announced its verdict on the contempt case against me. It holds me guilty of contempt of court and has decided to impose a fine of Re 1, and failing that imprisonment of three months and debarring me from practicing for three years. I had already said in my first statement to the Court: “I am here to cheerfully submit to any penalty that can lawfully be inflicted upon me for what the Court has determined to be an offence, and what appears to me to be the highest duty of a citizen”. Therefore, 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.
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. My tweets were not intended in any way to disrespect the Supreme Court or the judiciary as a whole, but were merely meant to express my anguish, at what I felt, was a deviation from its sterling past record. This issue was never about me versus the Hon’ble Judges, much less about me vs the Supreme Court. When the Supreme Court of India wins, every Indian wins. Every Indian wants a strong and independent judiciary. Obviously if the courts get weakened, it weakens the republic and harms every citizen.
I am extremely grateful and humbled by the solidarity and support expressed by countless persons, ex-judges, lawyers, activists and fellow citizens who encouraged me to remain firm and true to my beliefs and conscience. They strengthen my hope that this trial may draw the country’s attention to the cause of freedom of speech and judicial accountability and reform. What is very heartening is that this case has become a watershed moment for freedom of speech and seems to have encouraged many people to stand up and speak out against the injustices in our society.
I would be failing in my duty if I do not thank my legal team, especially senior Advocates Dr Rajeev Dhawan and Shri Dushyant Dave. I am more confident now than ever before that truth shall prevail.
Long live democracy! Satyameva Jayate!