The Supreme Court on August 14 had pronounced Advocate Prashant Bhushan to be guilty of contempt of the court for criticizing the judiciary on twitter.The penalty for the same was scheduled to be decided today, August 20. Prashant Bhushan has now sought an application to defer the hearing.
He has submitted that he chooses to file a review petition and shall do the same within the given timeframe of 30 days, until which the sentence shall be deferred.The advocate of the accused had hinted of the same earlier. It has also been suggested that the order be stayed if the application is rejected.
The application is based on the reasoning that an appeal is allowed by the high court and lower trial courts in contempt cases and the same shall also be allowed by the supreme court when functioning as a trial court. The petition states that “The fact that there is no appeal against an order of this Hon’ble court makes it doubly necessary that it takes the utmost precaution to ensure that justice is not only done but seen to be done.” Rejecting the appeal would be in violation of an accused’s rights in suo moto cases of contempt taken by the Apex Court, the petition states. The Code of Criminal Procedure also allows for a judgement to be stayed in case of pending appeals against the same.