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This is an archive article published on July 14, 2011

Bhushan must apologise: SC

Faces contempt of court for saying ‘half of past 16-17 CJIs were corrupt’

Saying that he is willing to spare not one but “10 words of regret” to Chief Justice of India S H Kapadia,advocate Prashant Bhushan on Wednesday agreed to sit with Supreme Court’s “friend” and senior advocate Harish Salve to find a way out of the contempt action dogging him for calling some apex court judges corrupt.

Bhushan faces contempt of court for statements in a magazine interview that according to his “perception” half of the past 16 to 17 Chief Justices of India were corrupt.

It was Salve who brought Bhushan’s comments to court,primarily alleging that the civil liberties’ lawyer had cast aspersions against the present Chief Justice of India S H Kapadia too.

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Though clarifying before a Special three-judge bench led by Justice Altamas Kabir that his remarks against Chief Justice Kapadia was “misconstrued”,Bhushan,however,refused the court’s suggestion in December 2010 to apologise for the alleged remarks and close the chapter on the contempt proceedings in the SC.

The court hearings have seen much drama in the past,especially when Bhushan’s father and senior advocate Shanti Bhushan,in one hearing,challenged the bench in open court to send him to jail for supporting his son’s claims.

But on Wednesday,Bhushan’s lawyer and senior advocate Ram Jethmalani chose to open the session with a rather mellow remark that “there was so much embarrassing material in circulation”,prompting Justice Kabir to cut in and remind him that all the SC had ever wanted from Bhushan was a word of apology.

“All that was required was an apology,possibly your image will also be enhanced. The apology is for the institution (Supreme Court) and not for ourselves,” Justice Kabir said.

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The bench,which also included Justices Cyriac Joseph and H L Dattu,appeared keen to mend matters when it observed that “what you (Bhushan) have said,you have said,but this should stop here”.

Referring to Bhushan’s defence of truth as a justification for his remarks,the court said there was no need to delve into any details of the contempt case against the lawyer and “one word of regret” would do.

To this,Jethmalani replied that “I am prepared to say 10 words of regret as far as the CJI is concerned”,but Justice Kabir intervened to say that “it is not a matter of a person,but an institution”.

“None of us is liking it. You are not relishing it nor are we,” Justice Kabir said,suggesting that the Bhushans along with Jethmalani thrash out a solution with Salve.

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“You sit with Mr Salve,he is our friend. Find a simple solution,something palatable. Mr Jethmalani,please use your good offices,” Justice Kabir said,calling the father and son,both present in court,by their names and asking them to co-operate.

The case is posted next on September 6.

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