New Delhi: The Supreme Court on Thursday said
contemptuous remarks against the judiciary will weaken the
institution, though it was not averse to bonafide expression
of opinion on corruption and its shortcomings if made with
some basis.
The apex court said the judiciary was still one of the
institutions which had "withstood all kinds of pressure" and
has remained a strong pillar of democracy.
"You can file a bonafide report but cannot express an
opinion recklessly without any foundation. Tomorrow, anybody
can stand up in the court and make comments on the judiciary.
"This institution`s image will get eroded. It will become
weak. This judiciary has withstood all kinds of pressure. It
is one pillar which has remained strong," the apex court
observed.
A bench of justices Altamas Kabir, Cyriac Joseph and H L
Dattu made the remarks while adjourning till January 4 the
plea of advocate Prashant Bhushan seeking reference to a
Constitution Bench the issue whether "bonafide opinion" on
corruption judiciary amounted to contempt.
Bhushan, who is facing contempt proceedings for his
comments in 2009 on Chief Justice S H Kapadia and the
judiciary in an interview to "Tehelka" magazine, during the
brief hearing on Thursday argued bonafide expression cannot be
deemed as contemptuous, though "reckless" remarks cannot be
permitted.
The apex court had earlier agreed to consider referring
to a Constitution Bench the question whether "bonafide
opinion" on corruption in a section of the judiciary amounted
to contempt and should the person making the allegation prove
it by way of evidence.
PTI
