Exercise Of Contempt Jurisdiction By SC Does More Self-Harm: Bar Association Of India Expresses Dismay At Contempt Verdict Against Prashant Bhushan [Read Statement]

In a statement issued on August 18, the Committee said that the "freedom of speech" and the "freedom to criticize" the working of an institution are imperative for bringing about improvements through democratic means. However, the Supreme Court's exercise of suo motu contempt jurisdiction in the present case, has potential for more "self-harm" than the avowed purpose of safeguarding the prestige of the institution.

CHRI, CJAR Other Bodies Condemns Supreme Court Judgment In Prashant Bhushan Contempt Case

"Judgments that curb the exercise of freedom of speech and expression by a member of the Bar by resort to suo motu powers is conspicuously old fashioned. The reputation of the Supreme Court of India cannot be dislodged by a couple of 'tweets'," the statement read.

The Executive Committee has also pointed out that it had sought to intervene in the contempt case and to place before the Court a set of submissions pertaining to the "Duty of the Bar to Speak". However, the same was "erroneously declined" by the SC Registry.

In the said intervention application, the Association had emphasized that "to comment on institutional and structural matters concerning the judiciary, judicial officers and judicial conduct generally flows from an advocate's duty as part of the administration of justice as well as her role as a dutiful citizen."

In its statement, the Association has remarked "Trenchant criticism, commentary, satire and humour help build institutions in a free society."

'A Bar Silenced Under Threat Of Contempt Cannot Lead To A Strong Court' : Advocates Express Dismay At Contempt Verdict Against Prashant Bhushan

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