N Ram’s petition deleted as it sought stay on Prashant Bhushan’s contempt pleas, says SC – india news

Days after the Supreme Courtroom ordered an inquiry as to how a petition filed by senior journalist N Ram, former Union Minister Arun Shourie and advocate Prashant Bhushan difficult the contempt of court docket regulation bought listed earlier than a bench aside from the one which was listening to contempt petitions in opposition to Bhushan, it has now emerged that the petition contained an software for staying all contempt proceedings in opposition to the advocate.

The applying talked about the 2 contempt petitions pending in opposition to Bhushan earlier than a bench headed by Justice Arun Mishra. One was a 2009 contempt case initiated in opposition to Bhushan for his interview given to Tehelka journal the place he alleged half of previous 16 Chief Justices of India (CJI) to be corrupt. The opposite contempt case was initiated on two tweets by Bhushan. One criticized CJI SA Bobde of using a motorcycle whereas maintaining Courts closed and one other was directed in opposition to the judiciary for destroying democracy with out a formal Emergency. The tweets have been of June 27 and June 29.

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An announcement launched by the Supreme Courtroom on Monday mentioned, “Within the Writ Petition titled as N. Ram and Others v Union of India, an software for keep has been moved making a request to remain all of the proceedings in legal contempt circumstances pending in opposition to Petitioner no. 3 (Prashant Bhushan).”

On receiving this petition, the SC Registry listed the matter earlier than a bench headed by Justice DY Chandrachud on Monday, August 10. However the petition was withdrawn after this software surfaced.

An inquiry has been ordered to determine how the petition bought listed earlier than a bench aside from Justice Mishra. Pending such inquiry, the assertion makes it amply clear why the matter was deleted from the listing of Justice Chandrachud. The be aware launched by SC mentioned, “It’s a cardinal precept of regulation {that a} coordinate bench can’t keep the proceedings of ongoing circumstances that are pending earlier than different related bench. This may have created an issue as one Courtroom can’t keep the proceedings of different court docket having the identical jurisdiction.”

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The petition by Ram, Bhushan and Shourie is but to be listed. The petition has challenged the validity of Part 2(c)(i) of the Contempt of Courts Acty 1971 which criminalizes publication of any matter that would scandalize or decrease the authority of courts.

The petition alleged that this provision violates freedom of speech below Article 19 of the Structure and gags discourse on issues of public significance.

The keep software annexed with the petition had prayed to “keep all ongoing proceedings in legal contempt circumstances pending in opposition to the Petitioner no Three herein, which are both based mostly on the definition of legal contempt as outlined below Part 2(c)(i) of Contempt of Courts Act or are intrinsically linked to the identical through the pendency of the moment writ petition.”

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