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august 2020

Supreme Court of India · 2020-08-31

IN RE PRASHANT BHUSHAN vs

Citation / case number
SC 2020/14323
Court
Supreme Court of India
Petitioner
IN RE PRASHANT BHUSHAN
Author
HON'BLE MR. JUSTICE ARUN MISHRA
Bench
HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE KRISHNA MURARI

Judgment text excerpt

The Supreme Court addressed the contempt proceedings against Shri Prashant Bhushan, emphasizing the need for clarity in the definition of contempt, particularly the offence of scandalizing the court, which is deemed vague and ambiguous. The Court highlighted that the jurisdiction of contempt should be exercised with caution, referencing the principles established in Shreya Singhal v. Union of India, 2015 (5) SCC 1, and Baradakanta Mishra v. Registrar of Orissa High Court, (1974) 1 SCC 374. The Court ultimately held that the nature of the offence and the offender's background must be considered in sentencing, reaffirming the importance of the right to free speech while navigating contempt laws.

IN RE PRASHANT BHUSHAN vs · Niyam