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The SC on Tuesday adjourned till the first week of November, a 2009 contempt case filed against Senior Advocate Prashant Bhushan and Tarun Tejpal for allegedly casting aspersions on some sitting and former top court sitting judges in an interview to the news magazine Tehelka. Tejpal was the editor of the magazine back then.
During Tuesday’s hearing Senior Advocate Dr. Rajeev Dhavan, appearing for Prashant Bhushan, informed the Court that the file has been sent to the Attorney General. The bench stated the Attorney General is present before the bench.
Attorney General KK Venugopal submitted that the propositions mentioned by Dr. Dhavan have to be looked into. The media is trying to influence the decision taken by the judges which are damaging the judges. The Attorney General further stated that he had come across an article relating to a very big case and comments have been extracted which is very damaging.
Dr. Dhavan, however, said that there are a lot of cases, even overseas, where comments have not been restricted.
In the earlier hearing, the bench accepted the plea of Prashant Bhushan to seek the assistance of Attorney General K K Venugopal in the said matter.
The issue was earlier listed before a bench headed by (retd) Justice Arun Mishra. Thereafter the issue is now being heard by a bench headed by Justice AM Khanwilkar.
The matter will now be heard on a non-miscellaneous day in the first week of November.
During the earlier hearing in the 2009 case, the court had framed some questions to be considered by it in the case. One of the questions raised was whether someone can go public with allegations of corruption against a judge, in the wake of an earlier apex court verdict that requires such accusations to be probed by an internal committee.
The bench, consisting of Justices Arun Mishra (now retired) B.R. Gavai and Krishna Murari, had stated that it would also determine the circumstances in which such allegations can be treated as contempt and, if public statements have to be made, then in what circumstances.
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