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Prashant Bhushan says coal bench lenient on AG; SC upset

Indicating its exasperation with free-wheeling barbs at judges and the judiciary, the Supreme Court on Wednesday took exception to advocate and Aam Aadmi Party leader Prashant Bhushan's remark that the three-judge bench hearing petitions on coal scam was "possibly hesitant about taking action" against attorney general G E Vahanvati.

In an interview to a newsmagazine, Bhushan had alleged that the AG had a role in the political executive vetting the CBI's probe status report before it was presented to the court and speculated that "perhaps, they (the judges) are meeting him socially and you do tend to be a little diffident in cases involving such people".

The bench of Justices R M Lodha, Madan B Lokur and Kurian Joseph closed the matter after Bhushan apologized profusely but not before giving vent to its deep sense of hurt and anguish over the seasoned lawyer's "irresponsible remarks".

The bench said, "We are in the public gaze at the moment. If such remarks come from a lawyer like you (Bhushan), it really disturbs us. Once an arrow goes out of a bow, it is very difficult to repair the damage it causes."

It added, "We are disturbed (by Bhushan's comment) because it came from a counsel who is arguing in the case, that too from a person like Bhushan, in a matter of this magnitude and complexity as this (coal scam). It is not like (the contemptuous comments of ex-Army chief) V K Singh case. We do not know how you would repair the damage (caused to the institution)."

Bhushan attempted to explain that the "diffidence" he indicated was normal human trait and possibly he would have it if he were a judge.

But the bench said, "That diffidence is not there after we take oath as judge and when we sit and decide cases. We are clear that we will decide cases without fear, favour or ill-will. We will have no diffidence when an occasion arises warranting action irrespective of the personality involved."

Justice Lodha quoted Ehlrich to say, "It is the personality of the judge which is the ultimate guarantee to justice."

Referring to the remark on socializing by judges, the bench said, "We do not meet anyone socially. You cannot imagine how cut off we are in social life. We do not meet people except at official functions. There is absolutely no social interaction."

Solicitor general Mohan Parasaran and additional solicitor general Paras Kuhad in unison termed Bhushan's remarks unfortunate and suggested that the court record his apology.

The court closed the matter by recording the apology in its order, which would pre-empt other busybodies from approaching the court for initiation of contempt proceedings against Bhushan.

Source: The Times of India