Advocate Prashant Bhushan on Monday filed a series of questions of law in the Supreme Court, including whether an expression of a bona fide opinion about the extent of corruption in any section of the judiciary would amount to contempt of court.
The questions have been filed in connection with a 2009 contempt case against him for his remarks about judicial corruption during an interview to Tehelka magazine. A three-judge Bench led by Justice Arun Mishra is scheduled to hear the case on August 25.
The Bench in the last hearing on August 17 had decided to launch a detailed examination into the circumstances under which a person can make public allegations of corruption against the judiciary. It had also decided to hear arguments on laying down a procedure to be adopted if such statements of corruption are made in public against sitting as well as retired judges.
Adding to this, Mr. Bhushan’s lawyer, advocate Kamini Jaiswal, has asked whether a person who expresses bona fide opinion about judicial corruption is obliged to prove it or “whether it is enough to show that he bona fide held that opinion”.
Also read: Supreme Court lists Prashant Bhushan case on August 25 to study 'effect' of his statement
The lawyer has also asked the Supreme Court whether its suo motu powers to take contempt under Article 129 to curtail free speech and expression are restrained by the Contempt of Courts Act, 1971.
Also read: Pained because I have been grossly misunderstood, says Prashant Bhushan
One of the questions also deals with the violation of due process as suo motu contempt proceedings in the apex court has no provision for appeal.
The lawyer wants the court to refer the questions to a Constitution Bench.
