Supreme Court Holds Prashant Bhushan Guilty of Criminal Contempt Over Tweets Criticizing Judiciary

Apex Court asserts its constitutional power to suo motu initiate contempt proceedings; Twitter absolved as mere intermediary

In a landmark judgment delivered on August 14, 2020, the Supreme Court of India found advocate Prashant Bhushan guilty of criminal contempt for publishing tweets that the Court held to scandalize the judiciary and undermine public confidence in the institution. The three-judge bench comprising Justices Arun Mishra, B.R. Gavai, and Krishna Murari took suo motu cognizance of a petition highlighting the tweets which criticized the Chief Justice of India (CJI) and the Supreme Court’s handling of cases during the COVID-19 lockdown.

The Court analyzed two tweets by Prashant Bhushan. The first tweet accused the CJI of riding a Rs. 50 lakh motorcycle belonging to a BJP leader without a mask or helmet at a time when the Supreme Court was allegedly in “lockdown mode,” denying citizens their fundamental right to access justice. The Court observed that this statement was factually incorrect since, despite physical hearings being suspended due to the COVID-19 pandemic, the Supreme Court was functioning through video conferencing and had heard over 12,000 matters, including 686 writ petitions under Article 32. The tweet was found to be a malicious and scandalous misrepresentation intended to lower the dignity and authority of the judiciary.

The second tweet stated that democracy in India had been substantially destroyed over the past six years and attributed a substantial role in this destruction to the Supreme Court, particularly to the last four Chief Justices. The Court noted that this statement was not directed at individual judges but at the institution itself, thereby scandalizing the entire Supreme Court. Given the wide reach of Twitter and the position of the contemnor as a senior advocate with over 30 years of experience, the Court held that such scurrilous and malicious allegations could not be protected as fair criticism under the right to free speech.

The Supreme Court emphasized that its power to initiate contempt proceedings is derived from its constitutional status as a Court of Record under Article 129, and this power is not curtailed by the Contempt of Courts Act, 1971. The Court clarified that suo motu proceedings can be initiated without the consent of the Attorney General and that the procedure followed must only be just and fair.

Regarding the role of Twitter Inc., the Court accepted the platform’s explanation that it is merely an intermediary with no editorial control over user content. Twitter demonstrated bona fides by disabling access to the impugned tweets after the Court’s order. Consequently, the Court discharged the notice issued to Twitter.

In conclusion, the Court found Prashant Bhushan guilty of criminal contempt for his tweets that scandalized the Supreme Court and undermined the administration of justice. The judgment reaffirmed the delicate balance between the right to free speech and the need to maintain the dignity and authority of the judiciary, underscoring that while fair criticism is permissible, malicious attacks that tend to erode public confidence in the justice system are punishable.

Statutory provisions

Article 129 of the Constitution of India, Article 142 of the Constitution of India, Section 2(c), 13, 15, 17 of the Contempt of Courts Act, 1971, Section 79 of the Information Technology Act, 2000

In Re: Prashant Bhushan (SC) : Law Finder Doc Id # 1736676