Contempt Jurisdiction VI / Childish Magnanimity

Pusan raised questions and submitted letters about Busan’s company and his other employees, present and former. Busan was obviously upset.

Busan: Pusan, apologize. That’s it.

Pusan: No; neither my questions nor my submissions are incorrect. I will happily undergo punishment.

Pusan’s Senior Colleague: Pusan has been under your employment for years now. Sir Busan, be kind.

Busan: I, by showing magnanimity, instead of imposing any severe punishment, sentence Pusan to pay Re. 1/-­ (Rupee One). If Pusan fails, he shall undergo a simple imprisonment for a period of 3 months and I, Busan shall not employ Pusan for 3 years.

Reporter 1: Pusan doesn’t apologize against his conscience. Pusan isn’t in the business of disobeying Busan either.

Reporter 2: Pusan, by paying Re. 1/-­ (Rupee One) and complying with Busan’s lawfully-delivered sentence, shall not be implying sacrifice of principle.

RNR: Re. 1/-­ (Rupee One) = 3 months of ‘simple’ imprisonment and Busan ‘ignoring’ Pusan for 3 years?

One day again, Pusan raised questions and submitted letters about Busan’s company and his other employees, present and former. Busan was obviously upset.

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It was apparent, the Learned Attorney General was at pains due to the statements made. We endorse the view of Learned Attorney General that, the defence should be taken off the record and, in our opinion, it is neither bona fide nor in the public interest. The allegations made are scandalous and are capable of shaking the very edifice of the judicial administration and also shaking the faith of common man in the administration of justice.

Learned Attorney General reiterated on several occasions, magnanimity is required to be shown by this Court. Lawyers’ noble profession will lose all its significance and charm and dignity if the lawyers are permitted to make any malicious, scandalous and scurrilous allegations against the institution of which they are part.

When the Learned Attorney General was giving an advice to express regret and withdraw the wild allegations, a Lawyer of such a long standing was expected to give due respect to it. Even our request made to him has gone in vain. Thus, we feel simple issuance of warning is not going to suffice.

We, therefore, sentence the contemnor with a fine or Re. 1/-­ (Rupee One) to be deposited with the Registry of this Court by 15.09.2020, failing which he shall undergo a simple imprisonment for a period of 3 months and further be debarred from practicing in this Court for a period of 3 years.”

– Hon’ble Supreme Court of IndiaIn Re: Prashant Bhushan, [Suo Motu Contempt Petition (Criminal) No. 1 of 2020].

PB