[Prashant Bhushan Contempt Case On Two Tweets] AG KK Venugopal Urges Court Not To Punish Bhushan [LIVE UPDATES]
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The hearing has concluded. The bench rises.
Senior Adv C U Singh submits that he has challenged the Registrar's order which rejected the application filed by persons to intervene in the contempt case.
"Registry has usurped judicial function. This will create problem in future', C U Singh.
"If five judges of this court have held that democracy has failed...", AG says. Justice Mishra interferes before AG completes and says "we are not hearing on merits, Mr. Attorney".
Attorney General says that he has a list of five judges of SC saying that democracy has failed in Supreme Court.
He adds that he has extracts from statements of retired judges that there was corruption in higher judiciary.
There has to be mutual respect between the bar and the bench : Justice Gavai.
We have faith in the institution. I do. So does Bhushan : Dhavan
The fact that you are doing many good things does not mean that your wrongs can be neutralized: Justice Mishra.
'When it comes to sentencing, we can be lenient only when the person tenders apology and realizes the mistake in the real sense', Justice Mishra.
'As far as contempt is concerned, you have to purge it. You have to purge yourself', Justice Mishra says referring to a precedent of Justice K T Thomas.
'The question of purging comes only in civil contempt', Dhavan replies.
Dhavan says that there are HC judgments which say criticism of HC judges cannot be contempt.
"What about the institution part?", Justice Mishra asks.
Justice Gavai says that the judgment has come to the conclusion that the tweets affect the entire institution and not a few individual judges.
'We do not enjoy punishing individuals. The purpose of sentence, for me, is deterrence.
Mistakes can be committed by anyone. In such a case, person must realize that and admit to it' : Justice Mishra.