2009 Prashant Bhushan contempt case: SC agrees to refer issue to 'appropriate' bench

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The Supreme Court on August 25 decided to refer to an "appropriate" bench the 2009 contempt case against lawyer Prashant Bhushan for his remark that past Chief Justices of India (CJIs) were corrupt.

The apex court in November 2009 had issued a contempt notice to Bhushan and journalist Tarun Tejpal for allegedly casting aspersions on some sitting and former top court judges in an interview to a news magazine. Tejpal was the editor of the magazine.

A bench headed by Justice Arun Mishra was told by senior advocate Rajeev Dhavan, appearing for Prashant Bhushan, that there were as many as 10 questions of constitutional importance have been raised by him and they needed to be dealt by a Constitution bench. A constitutional bench of the Supreme Court consists of five or more judges.

"These are broader issues that need to be deliberated at length. We can have some amicus and it can be adjudicated by an appropriate bench," said the bench, which also comprised Justices BR Gavai and Krishna Murari.

The matter is pending for a long time and it will be listed before the appropriate bench on September 10, the bench said in a hearing conducted through video conferencing.

Justice Mishra, who is retiring on September 2, said the matter will need time and observed "let us leave this to an appropriate bench".

The court did not agree to the submissions of Dhavan that it should issue notice to the Attorney General K K Venugopal seeking his assistance and opinion to deal with the issues raised and said that 'it is best left to the appropriate Bench" which will be set up by the CJI.

(With inputs from PTI)