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Supreme Court of India 2020-08-31 partly_allowed

IN RE: PRASHANT BHUSHAN AND ANR

Bench: 3 — Arun Mishra, B.R. Gavai, Krishna Murari

In Brief

Prashant Bhushan, a senior advocate with 35 years' standing, was convicted of criminal contempt for two tweets criticizing the Supreme Court and its recent functioning, and for making scandalous allegations against sitting and retired judges in his defence affidavit. On sentencing, the Court rejected his truth defence as neither bona fide nor in public interest, finding the allegations aimed to shake public confidence in the judiciary. The Court held that advocates owe heightened duties and cannot be permitted malicious criticism. It sentenced him to a nominal one-rupee fine, three months' imprisonment in default, and debarment from practicing for three years.

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Contempt of Court Criminal Contempt Freedom of Speech Judicial Independence Advocate Ethics Contempt of Courts Act 1971 Public Interest Truth as Defence Scandalizing the Court

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