Dave refers to how in the 𝘚𝘱𝘺𝘤𝘢𝘵𝘤𝘩𝘦𝘳 𝘤𝘢𝘴𝘦 "a paper carried a caricature of the judges drawn upside down. No contempt was drawn."
"To criticise a judge fairly, albeit fiercely, is not a crime, but a right."
Dave quotes from another judgment- To criticize a judge fairly, albeit fiercely, is not a crime, but a right.
Dave citing judgments from British Courts.
Quotes Lord Denning-
We will never use this law to suppress those who speak against us, as there is much more which is at stake, and that is the freedom of speech itself.
Bench re-assembles.
Bench rises for lunch.
Mishra J- Dave, don't you think we have broad shoulders?
Dave- of course (big smile). I feel though, Perhaps your lordships could have avoided issuing notice. I'm doing my job as a lawyer, you win some you lose some.
Mishra J- in such a case, you see, no one wins
Averring to this, Dave submits that the Court did not take such exception to criticism.
When Bhushan says 'history will remember', it's an attempt to encourage court to change its approach.
Dave now refers to certain pieces over the years where judgements and judges have been criticised.
Highlights a piece in Indian Express article on ADM Jabalpur judgment where "extremely uncharitable personal remarks against judges were made."
Tweets are not against the institution. They are not obstructing administration of justice.
They are against the judges in their personal capacity regarding their conduct. It's against their individual conduct, but they are not malicious