Bar Association of India backs Prashant Bhushan

August 18, 2020 23:20

The Bar Association of India on Tuesday came out in support of activist-lawyer Prasant Bhushan, convicted for contempt of court, saying that at a time the citizenry is facing huge challenges, the stature of the Supreme Court would stand enhanced by allowing criticism rather than taking umbrage at his remarks.

The Executive Committee of the BAI said it was "deeply dismayed and concerned by the manner of exercise of suo motu contempt jurisdiction by the Supreme Court of India against a member of the legal profession in the case relating to Bhushan."

A three judge bench headed by Justice Arun Mishra, on August 14, 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.

Bhushan faces six months simple imprisonment or fine upto Rs 2,000 or both as the maximum punishment for the contempt.

The top court would hear on August 20, the arguments on the quantum of sentence.

The BAI, in a statement said, it was of the view that the exercise of contempt jurisdiction by the court in this manner has potential for more self-harm than the avowed purpose of safeguarding the prestige of the institution."

"Trenchant criticism, commentary, satire and humour help build institutions in a free society. Judgments that curb the exercise of freedom of speech and expression by a member of the Bar by resort to suo motu powers is conspicuously old fashioned.

"The reputation of the Supreme Court of India cannot be dislodged by a couple of 'tweets'. At a time that the citizenry is facing huge challenges, the stature of the Supreme Court would stand enhanced by allowing criticism rather than taking umbrage at such remarks," it said.

Besides BAI, several eminent lawyers have also come out in support of Bhushan saying that the verdict against the activist-lawyer "must not be given effect to" until a larger bench reviews the standard of criminal contempt in an open court hearing post pandemic.

Former judges, activists and lawyers have been issuing statements in support of Bhushan. -- PTI

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