‘To Apologise Will be Contempt Of My Conscience’, Prashant Bhushan Tells Supreme Court

Advocate Prashant Bhushan on Monday filed a fresh statement in the Supreme Court maintaining his stance that he will not apologise for his tweets made in June which led the top court finding him guilty of criminal contempt.

"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," said Bhushan.

On Aug. 20, the apex court had given Bhushan time till Aug. 24 "to submit an unconditional apology, if he so desires." The court had also asked Bhushan to reconsider his statement which he submitted in the last hearing. Bhushan declined to do either.

In his statement, filed on Monday, Bhushan said he believes the Supreme Court is the last bastion of hope for the protection of fundamental rights and is rightly called the most powerful court in the democratic world. He said his expression was meant in good faith and not to malign the top court or any Chief Justice and was meant as constructive criticism.

The top court in July initiated suo motu contempt proceedings against Bhushan over two of his tweets made in June. In its judgment, the apex court found parts of the two tweets to be based on distorted facts and amounting to criminal contempt of court.

“The scurrilous allegations, which are malicious in nature and have the tendency to scandalise the court are not expected from a person, who is a lawyer of 30 years standing,” the top court had said.

The Supreme Court then proceeded to list the case for arguments on sentencing on Aug. 20, which is when Bhushan read from a written statement. Bhushan declined to apologise for his tweets after which the court granted him time to reconsider his written statement submitted in the court.

The Attorney General for India KK Venugopal also requested the court to not punish Bhushan. The bench headed by Justice Arun Mishra reserved the order on sentencing and granted Bhushan time till Aug. 24 to submit an unconditional apology. If Bhushan apologised, the court said, the case would be listed on Aug. 25 to consider it. The case has now been listed for hearing on Aug, 25 and the court will consider the supplementary statement filed by Bhushan.

Full Statement By Prashant Bhushan Submitted In Court:

“It is with deep regret that I read the order of this Hon’ble Court dated 20th of August. At the hearing the court asked me to take 2-3 days to reconsider the statement I made in the court. However, the order subsequently states: “We have given time to the contemnor to submit unconditional apology, if he so desires.”

I have never stood on ceremony when it comes to offering an apology for any mistake or wrongdoing on my part. It has been a privilege for me to have served this institution and bring several important public interest causes before it. I live with the realization that I have received from this institution much more than I have had the opportunity to give it. I cannot but have the highest regard for the institution of the Supreme Court.

I believe that the Supreme Court is the last bastion of hope for the protection of fundamental rights, the watchdog institutions and indeed for constitutional democracy itself. It has rightly been called the most powerful court in the democratic world, and often an exemplar for courts across the globe. Today in these troubling times, the hopes of the people of India vest in this Court to ensure the rule of law and the Constitution and not an untrammeled rule of the executive.

This casts a duty, especially for an officer of this court like myself, to speak up, when I believe there is a deviation from its sterling record. Therefore I expressed myself in good faith, not to malign the Supreme Court or any particular Chief Justice, but to offer constructive criticism so that the court can arrest any drift away from its long-standing role as a guardian of the Constitution and custodian of peoples’ rights.

My tweets represented this bonafide 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.

An 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 bonafide 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.”