In Brief

The Supreme Court convicted senior advocate Prashant Bhushan (35 years standing) of criminal contempt for tweets criticizing the Court's role in democracy over the past six years. The Court held that the defence of truth under Section 13(b) of the Contempt of Courts Act requires both public interest and bona fide request; allegations against sitting and retired judges, based on political considerations without authentic material, fail the twin test. Freedom of speech cannot permit malicious attacks undermining public confidence in the judiciary. As a senior advocate and officer of the court, Bhushan was held to higher ethical standards than ordinary citizens. His refusal to apologize despite repeated court persuasion and the Attorney General's counsel justified sentencing. The Court imposed a nominal fine of Re. 1 with three months imprisonment in default and a three-year bar from practising in the Supreme Court, emphasizing that contempt jurisdiction protects institutional credibility essential to rule of law.

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