"Apology Would Be Contempt of My Conscience," Prashant Bhushan Tells the SC
"I do not ask for mercy. I do not appeal to magnanimity," reiterating what Mahatma Gandhi had said, senior counsel Prashant Bhushan on Monday declined to tender an apology before the Supreme Court. The Supreme Court had given Mr Bhushan time till 24th August to tender an unconditional apology for his two tweets on chief justice Sharad Bobde and past four chief justices of the apex court. 
 
In his submission, Mr Bhushan says, "My tweets represented a 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," the senior counsel says.
 
In his statement, Mr Bhushan says, "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 untrammelled 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," the statement by the senior counsel reads.
 
Last week, the Supreme Court had given Mr Bhushan time till 24th August to submit an unconditional apology, while asking him to reconsider his defiant statement declining to apologise for his derogatory tweets against the judiciary.
 
A bench comprising Justices Arun Mishra, BR Gavai and Krishna Murari had said "Appeal filed against the registrar's order is dismissed. Arguments have been heard in the main matter, on sentencing. Order reserved. We have given time to the contemnor (Mr Bhushan) to submit unconditional apology, if he so desires. Let it be filed by 24th August. In case, apology is submitted, the case to be posted for consideration on the same, on 25th August."
 
Attorney General (AG) KK Venugopal had urged the apex court that convicting advocate Prashant Bhushan in a contempt case was alright, but "do not punish him".
 
However, the bench replied to the AG that the tone, tenor, and content of Mr Bhushan's statement makes it worse. The bench told AG Venugopal "is it defence or aggravation, you as AG consider it".
 
 
Here is the submission by senior counsel Prashant Bhushan...
 
 
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    COMMENTS

    saioamshyd

    4 weeks ago

    https://www.moneylife.in/article/apology-would-be-contempt-of-my-conscience-prashant-bhushan-tells-the-sc/61303.html

    1. It is a very piquant situation for SC to extricate itself from the fuss.
    2. How come SC Bar Association has become a silent spectator?
    3. India is changing to materialistic world. Sycophants entered The Parliament, the Executive & the IV estate, The Press. Judiciary is not an exception. However, the Judiciary is still vibrant on the face of it. Paid judgments are also, allegedly, available in many courts. But, SC must render justice as an ultimate remedy.
    4. Settling a dispute hovering over 5 centuries on AYODHYA RAM TEMPLE SPEAKS VOLUMES ON COMPETENCE OF Indian judiciary. The apex level judiciary can as well surpass this turmoil with magnanimity & a broad vision, a citizen hopes.
    5. https://www.youtube.com/watch?v=4Si8U02s8cQ.
    6. SATYAMAEVA JAYATHE!!!

    s5rwav

    4 weeks ago

    Mr SA Bobde the Chief Justice of India Needs Some Face Saving from Suo Moto Contempt of Court of Respected Social Activist Lawyer Mr Prashant Bhusan https://mumbaimirror.indiatimes.com/opinion/columnists/pritish-nandy/is-prashant-bhushan-wrong/articleshow/77753503.cms

    phadnis.uday

    4 weeks ago

    Surprisingly AG also singing same tune favouring Mr. Bhushan.

    REPLY

    s5rwav

    In Reply to phadnis.uday 4 weeks ago

    Suo Moto Contempt Case Filed by
    Supreme Court of India Without Mandatory Consent from the Attorney General of India. I am Babubhai Vaghela from Ahmedabad. Thanks.

    s5rwav

    4 weeks ago

    In 1976, Bar of Bombay Termed 4 Judges as COWARDS but No Contempt of Court https://www.newsclick.in/1976-Sitting-Judges-Called-Cowards-Bar-Association-Bombay-HC

    s5rwav

    4 weeks ago

    Looks like Too Many Skeletons in the Cupboards, having "Sealed Envelopes" of Few Decades, in the Supreme Court of India https://timesofindia.indiatimes.com/india/prashant-bhushan-sentencing-live-updates/liveblog/77733015.cms

    maelagi

    1 month ago

    Blaming and abusing institutions by senior lawyer like Bhushan is not acceptable, if his consciousness is superior than SC judgement then it is question over his credibility in his profession. What if client also tell that his consiousness not allow to accept judgement of courts.
    These liers took huge money, manipulate realities, create and twist stories, take huge fees, prove wrong is right .
    If everybody start working with their consciousness, why we need these courts?
    Prashant Bhushan should be punished for disrespecting his own institutions, removed from Bar Association and do not allow to practice law, he do not have faith in courts and judges.

    REPLY

    s5rwav

    In Reply to maelagi 4 weeks ago

    Please View https://youtu.be/JfF3yltHDUw

    s5rwav

    In Reply to maelagi 4 weeks ago

    Secretly Selected, through Scandalous Collegium, UnElected and UnAccountable Upper Castes Males Dominated Corrupt Crook Judges of India sitting at High Court and Supreme Court of India have No Empathy and No Integrity. They are the Biggest #AntiNational who Flourished and Flourishing Corruption and Crimes against Humanity. I am Babubhai Vaghela from Ahmedabad. Thanks. https://docs.google.com/viewer?a=v&pid=forums&srcid=MDM3NzY0OTcwNTkzMjU3MDQ4MjQBMTEzNTk2MjM2MTA2NjQwODc5OTcBT2xzdDJIVE1Bd0FKATAuMQEBdjI&authuser=0

    s5rwav

    1 month ago

    Judges of India sitting at High Courts and #SupremeCourtOfIndia Headed by CJI Mr SA Bobde Must Stop Victimising the Respected Senior Advocates of India like Mr Yatin Oza and Mr Prashant Bhusan. These Kind Hearted and Brave Hearted Indians have Fought for the Legitimate Rights of #WeThePeopleOfIndia. I am Babubhai Vaghela from Ahmedabad. Thanks.

    Agriculture Prospects in India Soar with Rains Most Well-spread in 3 Years: CRISIL
    Early onset and good distribution of the south-west monsoon has paved the way for robust kharif output, raising hopes in hinterland and the farm-gate profits during this season are set to increase 3% to 5% this year, says ratings agency CRISIL.
     
    As on 21 August 2020, rains were 7% above the long-period average. Good spatial and temporal distribution has prompted sowing across crops in most states.  
     
    CRISIL Research says it expects a 2%-3% rise in sown area year-on-year (y-o-y) at about 109 million hectares for kharif season 2020. The area under paddy cultivation is set to increase because of both rains and reverse migration of labour to the eastern and southern states. 
     
     
    On the other hand, area under vegetables, cotton and maize would be lower than in the previous season as lower prices have discouraged farmers from sowing them.  
     
     
    Dharmakirti Joshi, chief economist of CRISIL says, "The CRISIL deficient rainfall impact parameter, or DRIP, scores point towards healthy performance of agriculture this year. DRIP, in addition to rainfall deficiency, considers vulnerability arising out of the lack of irrigation buffer across states and crops was red flagging Rajasthan as an adversely impacted state till early August. But with rains catching up, the risk has come down substantially."
     
    The ratings agency expects farm profit per hectare for field and horticulture crops to increase 3-5% in kharif season 2020, supported by higher crop acreage, expected improvement in productivity, and government support to procurement at minimum support price (MSP).
     
    It says, "Adequate water availability for critical growth stages is also expected to increase productivity by 2-3% over a low base of 2019, when delayed onset of monsoon in June followed by excess rains and flood-like situation in August-September damaged crops in most western and southern states. As a result, kharif output could rise 5-6% on-year to a record."
     
    Hetal Gandhi, director of CRISIL Research, says, “The eastern states could see the highest growth in crop profitability because of a low base. Southern and western states will bear the brunt of lower cotton and maize prices. North will be the most profitable in kharif season 2020 owing to a favourable crop mix and higher government procurement.”
     
     
    According to the ratings agency, such a bumper kharif harvest would put downward pressure on prices of various commodities. However, government support to paddy procurement, which is the most critical crop in terms of farm income, given that it accounts for about 30% of foodgrains production, incremental sowing of more remunerative crops and improved productivity on-year will boost profitability at an aggregate level.
     
     
    "We foresee an upward bias for paddy prices and profitability, supported by a 3% increase in MSP. Also, increase in state advised price for sugarcane will boost profitability on-year. Among horticulture crops, apple is expected to witness higher profitability on-year because of improved yield over a low base of 2019 and also on account of anticipated increase in prices," the ratings agency says.
     
    In contrast, it says weak domestic and international demand will keep cotton and maize prices under pressure. Prices and profitability of vegetables are also likely to drop over a high base of 2019.
     
    Effective implementation of Central and state government schemes should further support farmer incomes. However, the spread of the pandemic in rural India (districts with more than 60% rural population) remains the key monitorable. That is because the rural share of COVID-19 cases, which was hovering around 20% in June 2020, has spiked to around 45% now, the ratings agency added.
     
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    Driving Licenses, Vehicle Documents to Stay Valid till 31st Dec
    The ministry of road transport and highways has decided to extend the validity of driving licences and required documents of motor vehicles up to 30 December 2020, in the wake of the coronavirus pandemic, an official statement said on Monday.
     
    The ministry had earlier extended the validity of the documents till September 30.
     
    "Ministry of Road Transport and Highways has decided to extend the validity of Fitness, Permits, Licenses, Registration or other documents under Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 till the 30th of December 2020," said the statement.
     
    It has further advised that all concerned documents whose extension of validity could not or not likely be granted due to the lock-down and which had expired since February 1, 2020 or would expire by 31 December 2020, may be treated to be valid till 31 December 2020.
     
    Enforcement authorities have been advised to treat such documents valid till 31 December 2020, it said.
     
    Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
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