In Brief
The Supreme Court found Prashant Bhushan, a senior advocate with 30 years of practice, guilty of criminal contempt for two tweets criticizing the Chief Justice and the Supreme Court. One tweet falsely suggested the CJI was riding an expensive motorcycle while denying citizens access to justice; the other attributed a role to the Supreme Court and four CJIs in destroying Indian democracy. Though fair criticism of judges is constitutionally protected, the Court held these tweets were based on distorted facts and made maliciously, not in good faith. The extent of publication on Twitter, the contemnor's standing, and the attacks' tendency to undermine institutional confidence distinguished them from protected speech. Twitter was discharged as an intermediary. The judgment reaffirms that while criticism is permissible, scurrilous attacks calculated to shake public confidence in the judiciary as an institution constitute contempt.
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