SC to continue hearing 2009 contempt case against Prashant Bhushan

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A bench headed by Justice Arun Mishra said in a brief order Monday that “before reaching to any finding whether the statement to ‘Corruption’ would per se amount to Contempt of Court, the matter is required to be heard”. The court will now hear it on August 17.

The Supreme Court will continue to hear the criminal contempt of court case against Advocate Prashant Bhushan over remarks made in an interview to Tehelka magazine in 2009.

A bench headed by Justice Arun Mishra said in a brief order Monday that “before reaching to any finding whether the statement to ‘Corruption’ would per se amount to Contempt of Court, the matter is required to be heard”. The court will now hear it on August 17.

Meanwhile, SC sources made some further clarifications on why an explanation was sought from the court’s Registry for not listing a writ petition — filed by N Ram, Arun Shourie and Bhushan — challenging certain provisions of the Contempt of Courts Act, 1971, before the bench headed by Justice Mishra and instead listing it before a bench headed by Justice D Y Chandrachud.

The writ, they pointed out, was accompanied by an application seeking stay of proceedings in the two contempt cases against Bhushan pending before Justice Mishra’s bench.

Therefore, it was necessary to list it before the same bench — Justice Mishra’s — as a coordinate bench cannot stay the proceedings of ongoing cases pending before another bench, they said.

Source: The Indian Express

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