SC insists on apology from Prashant Bhushan

The apex court passed the order after rejecting Jethmalani’s plea that the proceedings should be dropped as it “would not serve the purpose of the Contempt of Courts Act.”

“I may have to lead the evidence,” he said but the court said it was upto Bhushan to decide whether he wants to continue to the proceedings or end the same by tendering an apology.

Bhushan is facing contempt proceedings for his interview to ‘Tehelka’ magazine in which he made some insinuations against Justice S H Kapadia in 2009 as well as some other judges and previous Chief Justices of India.

He had said Justice Kapadia,being a member of the Forest Bench along with then Chief Justice K G Balakrishnan,should not have heard the matter relating to Vedanta Sterlite Group as he held shares of the company.

Jethmalani reiterated the plea that Bhushan regarded Justice Kapadia “as a man of the highest standard.”

“From the beginning,we have been saying that you should express regret and tender an apology. This should not have happened.”

“Possibly,his image will be enhanced. It is for an institution,not ourselves,” the bench said,indicating the issue involved the credibility of the entire judiciary not just the Chief Justice of India.

The court also suggested that senior counsel Shanti Bhushan and Rajeev Dhawan also take part in the consultation process with the amicus curiae to see whether Bhushan was willing to tender the apology.

On January 11,the apex court had decided to go ahead with the contempt proceedings against Bhushan following his refusal to apologise for allegedly casting aspersions on Justice Kapadia.

The court was also dissatisfied with the earlier explanation given by Bhushan in this regard and had asked him to apologise.

However,Bhushan contended he did not owe any further explanation as his remarks about the CJI were misconstrued by some people as imputation of financial corruption.

“On the issue of maintainability,we have held it against you. So you can go ahead on merit,” Justice Kabir,heading the bench,had said.

At the earlier hearing,Jethmalani submitted the proceedings,if allowed,would open a Pandora’s box.

“Everyone knows what is happening,” he said adding,“for the last two years,people know what is happening in the apex court but no one dared to speak.”

“People would suffer for talking the truth but now millions of people are ready to go behind the bars on the contempt petition,” he said.

The bench,however,refused to drop the proceedings and said “if you want to open the Pandora’s box,then open it.” The contempt proceedings were initiated after senior counsel Harish Salve,assisting the forest bench as amicus curiae,had moved an application for action against Bhushan.