Prasant Bhushan is Neither a Hero nor his Acts Heroic. Indian Judiciary is an unbiased seat of Justice, right from the time of Independence itself. Despite the political power alignment and multiple political coalitions holding power in India, the Judiciary has performed as an unbiased entity that gives justice to the citizens of India. As per the constitution of India, the judicial systems can only function as per the Acts and rules set forth. In front of the Judicial system of India, a citizen holding the lowest possible profile as well as the Prime Minister of India hold same merits and privileges. Justice is equal to both of them.
Judicial officers in India has always given utmost priority to this concept. Due to the same reason, the integrity and trustworthiness in the Indian judicial system is undisputed and trustworthy for all the sections of the society.
Prasanth Bhushan a Senior Advocate of the supreme court is now in the limelight for a contempt of Court case. Two of his tweets that he posted was the reason for it. Upon analyzing it we can see that Prasant Bhushan is neither a Hero nor his acts Heroic as many media these days hail him. The Supreme court has found him guilty on contempt of Court charges.
The First Tweet by Prasanth Bhushan
On29th of June, Bhushan posted a tweet showing the picture of CJI Bobde seen along with his friend’s Harley Davidson Motorcycle. Prasanth Bhushan posted it saying that Justice Bobde was riding the motorcycle without mask and helmet. Later Bhushan apologized for a portion of his tweet. He stated that he did not notice that the motorcycle was stationary. Yet another criticism by Prasanth Bhushan was about the performance of CJI during the lock down period. The allegation in the tweet was no supported by any type of evidences. On a neutral point of view, Prasanth Bhushan has no right to raise baseless allegations against the Nation’s Chief Justice.
Many people who advocate Prasanth Bhushan, talk about freedom of speech. However the supreme court itself has earlier upheld that the freedom of speech in India, as per the constitution is not absolute. The freedom of speech elements are enshrined within the constitution in the Article 19(1)(A). In view of the Article(2) of the Constitution, this freedom is not absolute too. In view of this, Prasanth Bhushan has the legal obligation towards respecting the dignity of the constitution and Judiciary, just like any other citizen of India.
The Second Tweet by Prasanth Bhushan
In his second tweet defaming the Indian Judiciary, he stated that four Chief Justices have committed acts that destroys the Indian Democracy. This tweet by Bhushan is not an innocent one. Such a baseless statement from a senior lawyer is not a joke. If he has any substantial evidences for his claim, a tweet is not the next resort. He can move a litigation showcasing the evidences. Fabricating a claim against Judiciary without evidences resulted in what happened now.
A supreme court division bench pronounces a verdict after analyzing all aspects of the case and evidences. There is opportunity for both the parties for cross examination and questioning witnesses. What does it mean when the verdicts are questioned by one Prasanth Bhushan, a fine morning? If that is allowed, every party who lose a case at the supreme court would make allegations against the court, the judges and the judicial system. Every loser at the court is always frustrated. There is always a party who lose a case. It would be chaos and anarchy, if people like Prasanth Bhushan are allowed to question the credibility of the Judicial bodies.
Who is Prasanth Bhushan?
Prasanth Bhushan is a senior advocate at the Supreme court, who have led numerous public interest litigation. He had contributed much to the Indian social paradigm. Many of the cases he had brought to public attention were useful for the society. But in the present issue, it is evident that Prasant Bhushan is neither a Hero, nor his acts Heroic
Prasanth Bhushan is just a citizen of India and he is not above law. In front of the Judicial system, the ego that Bhushan see within himself does not exist. In front of the Judicial system, he is just a citizen of India. There is nothing extra in Prasanth Bhushan that a normal Indian citizen does not have. If the author of this article, or you the reader makes the same allegation against the judicial system of India, the same aftermath will happen.
The system of the Judiciary is still in force. Due to the same reason, the court gave 3-days time for Prasanth Bhushan to rethink about his decision and to apologize unconditionally. The court said that it will reconsider punishment, if Prasanth Bhushan apologize unconditionally.
Prasanth Bhushan is Just like Everyone else
Those who support Prasanth Bhushan should realize one thing. You are trying to make him a superhero, whereas there are no superheroes in Democracy. When you grant him license to criticize Judiciary, you are giving the same right to all the culprits who lose a case. The section which speaks about contempt of court is equal to all the citizens of India. The brightness of a hundred virtuous acts will be tarnished by a single vice one. The verdict also highlights the beauty and strength of Indian Judiciary. The seniority or Public status of Prasanth Bhushan is in no way a constrain to punish him, if he commits an offense. Prasath Bhushan is just a citizen in front of the law. His social or professional status is not a constrain to punish him as per law. He might not know that, but we should!