Dave- It seriously takes away a citizen's rights. Let's look at the first tweet. 1st tweet was placed on the administrative side, 2nd was not filed on administrative side
Justice Mishra on the suo moto contempt case now.
"What do you say about these 2 tweets?", he asks.
Dave- there's nothing contemptuous about the tweets
Dave to bench : In light of Antulay's judgment, I pray you recall the suo motu contempt notice issued to Bhushan in the interests of justice.
Mishra J asking Dave if he wants to make any other submissions.
Dave making some ancillary arguments regarding certain Rules.
Dave: Please follow procedure. You receive 100s of such pleas (like that from Maheshwari), you must ensure that suo motu is taken up according to procedure.
"My submission is that Registry is proposing to deprive me ( Bhushan) of my liberty, by not following procedure."
Dave : What's the point of asking AG to be here when your lordships have recorded prima facie findings.
Dave reiterating this argument. Says "Suo motu means that your lordships should take it on your own. Not that Maheshwari moves and you take it up"
Dave : Before proceedings, AG must give consent. In this case, you have asked the AG to assist court AFTER taking suo moto contempt.
Dave says that sanction of AG is an important procedural safeguard which cannot be waived.
Dave relying on a judgment to read and submit that-
"Petitioner could not move without consent of AG or SG"