Supreme Court May Hesitate In Initiating Contempt Against Prashant Bhushan, But We Won't Tolerate Such Nuisance- BCI

"We cannot imagine existence of people like Prashant in countries like China or Russia," says a press release by the Bar Council of India (BCI), according to which, Advocate Prashant Bhushan is misusing the fundamental rights of freedom of speech and expression.

The press release is in the context of the recent talk by Bhushan attacking some retired Judges of the Supreme Court for their judgments.

As per the press release signed by the Chairman of BCI, Senior Advocate Manan Kumar Mishra, the utterances of Bhushan are not only ridiculous but are reprehensible.

"Our country can never forget when Mr. Prashant Blauslaan had gone even to the extent of calling for handing over Kashmir to Pakistan just to please some so-called leaders of Kashmir who were demanding for it", the press release of Friday says.

The press release says that "the Supreme Court may hesitate in initiating a contempt proceeding because of one or other reason, but, the Bar Councils won't tolerate such nuisances" and that the BCI and State Bar Councils have laid down the norms and guidelines for conduct and etiquettes of Lawyers.

"It is for the Judges of Supreme Court to think whether to encourage such mal-practices", it adds.

The press release warns Prashant Bhushan that he should be ready to face the consequences of making a "mockery of the system" and adds that it is the duty of every Advocate to maintain the dignity and decorum of the Institution and to respect it.

The press release also reminds Bhushan that he is already a convict under the Contempt of Courts Act and that the "matter is still pending before the Bar Council of Delhi and it is yet to be decided whether he should be allowed to continue in practice or not".

The press release says that the lawyers of the country are wise enough to understand the motive behind attempts by Bhushan to malign the Supreme Court.

The release also says that under various statutes, there are certain posts which could be assigned only to retired Judges and that such appointments cannot be criticised in such an indecent manner.

In a webinar on August 10, Bhushan named retired Justice Khanwilkar and Justice Arun Mishra and said that "these kind of judges who always side with the government, especially in judgments before their retirement are usually given some post-retirement jobs just like Justice Ranjan Gogoi".

Earlier, BCI Chairman Manan Kumar Mishra had also criticized Kapil Sibal for his remarks against the Supreme Court. Sibal had urged people to come out on the streets and protest and had said that if people are under the impression that they will get relief from the Supreme Court, they are mistaken.

In response, Manan Mishra had said that blaming the entire judicial system when Sibal had lost a few cases is not proper.