Recently 2 tweets of Advocate “Prashant Bhushan” are in news because Supreme Court of India have charged him for Contempt of court.
So those was the 2 tweets by “Prashant Bhushan” Which created the controversy, you can read the tweets first then I am going to tell you the definition of contempt of court .
Contempt of Court:
- Section 2(c) of the Contempt of Courts Act, 1971 defines criminal contempt as the publication of any matter or the doing of any other act which Scandalises or lowers the authority of any court.
- Prejudices or interferes with the due course of any judicial proceeding.
- Obstructs the administration of justice.
What is not Contempt of court:
- Fair and accurate reporting of judicial proceedings will not amount to contempt of court.
- Fair criticism on the merits of a judicial order after a case in heard and disposed of will also not amount to contempt of court.
- A statement would not constitute criminal contempt if it is only against the judge in his or her individual capacity and not in discharge of his or her judicial function.
These were some points from the Contempt of court act 1971, To read full act you can visit the link (https://doj.gov.in/sites/default/files/contempt.pdf).
My opinion on this!
- I have shown you the tweets of Prashant Bhushan and definition of Contempt of Court , Now you are smart enough to decide whether it is contempt of court or not.
- For me, it’s not a contempt of court, because according to definition of “Contempt of court act 1971” he is not guilty.
- In his tweet he said only against the CJI in his individual capacity(Which is not the contempt of court).
- Constitution of India gives right of “Freedom of speech” .
- Criticism is the backbone of democracy.
According to me everyone has right to speak in democracy if he is not speaking against Law and Our Constitution . And according to Contempt of court act 1971, Mr. Bhushan haven’t said anything against the law. He was just criticizing which is the backbone of Democracy.
Criticism is the backbone of Democracy, We must criticize if we find anything wrong.