Lawyer and activist Prashant Bhushan, who was found guilty of criminal contempt by the Supreme Court, on Monday refused to apologize before the Supreme Court.
The sentence by the apex court pertains to Bhushan’s two tweets that were seen as derogatory remarks against the judiciary
“My tweets represented bona fide belief that I continue to hold. Public expression of these beliefs was I believe, in line with my higher obligations as a citizen and a loyal officer of this court. Therefore, an apology for expression of these beliefs, conditional or unconditional, would be insincere,” Prashant Bhushan said in a supplementary statement to the court.
He insisted that an insincere apology would amount to contempt of my conscience and of the institution.
Bhushan said the apology cannot be a mere incantation; and any apology has to, as the court has itself put it, be sincerely made.
“This is especially so when I have made the statements bona fide and pleaded truths with full details, which have not been dealt with by the court. If I retract a statement before this court that I otherwise believe to be true or offer an insincere apology, that in my eyes would amount to the contempt of my conscience and of an institution that I hold in highest esteem,” he added.
The apex court had initiated suo motu contempt proceedings against Bhushan for publishing two tweets, the first tweet, which was posted on June 27 alleged that the last four Chief Justices had played a role in the “destruction of democracy” during undeclared “emergency” for last six years.
And the second tweet on June 29 allegedly said the present Chief Justice rode a stationary bike at Nagpur while keeping the apex court in lockdown and denying citizens their right to access to justice.
Advocate Bhushan has maintained that he was “exercising his freedom of speech” and giving his opinion about the functioning of the court, and it does not amount to “obstruction of justice”, necessitating the contempt proceedings.
During the hearing of the case, Justice Mishra said, “There is a Lakshman Rekha (boundary) for everything. Why cross it? We welcome pursuing good cases in public interest but remember, this is now after conviction. And it is a serious thing. I haven’t convicted anyone of contempt in 24 years as a judge. This is my first such order.”
On Thursday, the Supreme Court gave the 63-year-old lawyer two-three days “to reconsider” his statement.