The Supreme Court on Tuesday deferred the hearing in the 2009 contempt case against lawyer Prashant Bhushan for his tweets against former SC judges to September 10, reported ANI. The apex court requested the Chief Justice, to place the case before an appropriate bench. 

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.

“These are broader issues which 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 B R Gavai and Krishna Murari.

The matter is pending for a long time and it 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” .

In his written
submissions to the apex court on Monday, Bhushan had said that there should not
be any attempt to coerce him into making an apology for his two tweets against
the judiciary saying what he expressed represented his bona fide belief which
he continued to hold. He asked the court to recall its August 14 judgment
holding him guilty of contempt of court, as similar statements were made by
retired judges and others.

ALSO: Prashant Bhushan refuses to apologise to SC in contempt of court case

An insincere apology would amount to the contempt of my
conscience and of an institution, Bhushan said in his supplementary statement
filed in the suo motu contempt case against him by the top court, taking note
of advocate Anuj Saxena’s complaint.

An apology for expression of beliefs, conditional or
unconditional, would be insincere, he said.

On August 20, the top court had granted time till August 24
to Bhushan to reconsider his “defiant statement” refusing to apologise and
tender “unconditional apology” for contemptuous tweets against the judiciary
and rejected his submission that quantum of punishment be decided by another
bench.

Bhushan said as an officer of court he believes as a duty to
speak up when he believes there is a deviation from its sterling record.