Calling the contempt proceedings against civil rights lawyer Prashant Bhushan a “dark chapter”, CPI’s Rajya Sabha member Binoy Viswam said that hopefully these proceedings were merely an “aberration” and future voices of critique and dissent would not be silenced.
On Monday the Supreme Court punished Mr. Bhushan with a “nominal” fine of ₹1 for committing criminal contempt by “scandalising the court”.
Mr. Viswam said that the Supreme Court’s suo motu proceedings and subsequent conviction of Mr. Bhushan for criminal contempt was a “dark moment for the Indian judiciary and constitutional democracy in the country”. The proceedings, he said, in the case were emblematic of the growing intolerance of public institutions towards any sort of critique. “The right to free speech is a fundamental right that forms the bedrock for debate and dissent in a vibrant and flourishing democracy. The attempts to quell this fundamental right through the use of ‘contempt law’ is unfortunate and deeply worrying,” he said.
The tweets by Mr. Bhushan for which he had been punished, Mr. Viswam said, were a bona fide expression of concern regarding the functioning of the Supreme Court. “The intention of such criticism, however fiercely expressed, is in fact a plea to the system to engage with these public concerns and introspect, thereby strengthening the institution of the judiciary.”
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The disproportionate response by the Supreme Court in this matter diminished the reputation and stature of the court, he added. “The hallmark of a strong public institution is its openness to public scrutiny and commentary. In a flourishing democracy, the space for dissent and critique must be respected, albeit while remaining within the ambit of the law,” the CPI leader said.
The judgment would have a chilling effect on people expressing critical views on the functioning of the judiciary and set a frightful precedent for the future. “The public reaction to these proceedings has highlighted a growing loss of faith in the judiciary. Such proceedings only undermine the legitimacy of the court and threaten democracy in India,” Mr. Viswam said.
