Top Indian lawyer could be jailed over Tweets

Prominent lawyer Prashant Bhushan faces jail time if he does not apologise for two Tweets criticising India’s judiciary
WATERSHED CASE: Prominent lawyer Prashant Bhushan faces jail time if he does not apologise for two Tweets criticising India’s judiciary

One of India’s most prominent lawyers faces a Monday deadline to apologise to the Supreme Court or risk jail in a case testing the judiciary’s openness to criticism and sparking a debate on freedom of speech in the world’s largest democracy.

Prashant Bhushan, 63, was found guilty of criminal contempt for attempting to “scandalise the entire institution” with Twitter posts depicting the chief justice on a motorcycle while the court’s work was curtailed due to the Covid-19 pandemic, and criticising previous top judges.

The top court on Thursday ordered Bhushan, who has championed public interest litigation, to issue an “unconditional apology” by Monday.

He faces up to six months in jail or a fine of 2,000 rupees (R463) or both.

“Any apology would be insincere,” Bhushan said, declining to comment further as the matter is before the court.

He told the court in a statement on Thursday that he would cheerfully submit to any penalty over the two June tweets, which he said “represented my bona fide beliefs, the expression of which must be permissible in any democracy”.

If Bhushan apologises, the court has said it would hold a hearing on Tuesday.

It was not clear when or how the court would respond if he does not apologise.

Regardless of the outcome, Bhushan’s case is putting the Supreme Court, one of India’s most respected institutions, on trial, testing how much judges may be openly criticised in a society known for free-wheeling debate.

Freedom of speech is a fundamental right in India and highly contentious.

The top court often hears cases where litigants argue their right to express themselves is being infringed.

Some lawyers and media editorials support Bhushan, saying the court is being too harsh, arguing that his tweets amounted to legally protected criticism.

“A bar silenced under the threat of contempt will undermine the independence and ultimately the strength of the court,” more than 2,400 Indian lawyers wrote in an online petition.

Others criticised Bhushan, who has 1.7-million Twitter followers.

In one tweet, Bhushan posted a viral photo of Chief Justice SA Bobde astride a Harley-Davidson.

He wrote that Bobde was sitting on a 5 million rupee (R1.15m) bike without a mask or a helmet when citizens were being denied justice due to the lockdown.

In the other, Bhushan wrote that when historians looked at how democracy had been destroyed in India in the past six years, they would mark the role of the court and the past four top justices.

— Reuters

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