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Apologizing is “Contempt to My Conscience” Prashant Bhushan Full Statement to Supreme Court

New Delhi: Advocate activist Prashant Bhushan has submitted in the Supreme Court that he would not be apologizing for comments he made which the court held him in contempt for.

In a supplementary statement submitted to supreme court on Monday, Bhushan told the court, “My tweets represented this bonafide belief that I continue to hold. Public expression of these beliefs was I believe, in line with my higher obligations as a citizen and a loyal officer of this court. Therefore, an apology for expression of these beliefs, conditional or unconditional, would be insincere. …If I retract a statement before this court that I otherwise believe to be true or offer an insincere apology, that in my eyes would amount to the contempt of my conscience and of an institution that I hold in highest esteem.”

He repeated on Monday that his statements were made in good faith and as “constructive criticism”, and that he has the greatest respect for the apex court as an institution.

“I believe that the Supreme Court is the last bastion of hope for the protection of fundamental rights, the watchdog institutions and indeed for constitutional democracy itself. It has rightly been called the most powerful court in the democratic world, and often an exemplar for courts across the globe. Today in these troubling times, the hopes of the people of India vest in this Court to ensure the rule of law and the Constitution and not an untrammeled rule of the executive,” Prashant Bhushan said in statement.

Following Statement Submitted by Supreme Court Lawyer Prashant Bhushan in Supreme Court:

SUPPLEMENTARY STATEMENT BY PRASHANTBHUSHAN, RESPONDENT NO. 1

It is with deep regret that I read the order of this Hon’ble Court dated 20th of August. At the hearing, the court asked me to take 2-3 days to reconsider the statement I made in the court. However, the order subsequently states: “We have given time to the contemnor to submit unconditional apology, if he so desires.”

 I have never stood on ceremony when it comes to offering an apology for any mistake or wrongdoing on my part. It has been a privilege for me to have served this institution and bring several important public interests causes before it. I live with the realization that I have received from this institution much more than I have had the opportunity to give it. I cannot but have the highest regard for the institution of the Supreme Court.

I believe that the Supreme Court is the last bastion of hope for the protection of fundamental rights, the watchdog institutions and indeed for constitutional democracy itself. It has rightly been called the most powerful court in the democratic world, and often an exemplar for courts across the globe. Today in these troubling times, the hopes of the people of India vest in this Court to ensure the rule of law and the Constitution and not an untrammeled rule of the executive.

 This casts a duty, especially for an officer of this court like myself, to speak up, when I believe there is a deviation from its sterling record. Therefore, I expressed myself in good faith, not to malign the Supreme Court or any particular Chief Justice, but to offer constructive criticism so that the court can arrest any drift away from its long-standing role as a guardian of the Constitution and custodian of peoples’ rights.

 My tweets represented this bonafide belief that I continue to hold. Public expression of these beliefs was I believe, in line with my higher obligations as a citizen and a loyal officer of this court. Therefore, an apology for expression of these beliefs, conditional or unconditional, would be insincere. An apology cannot be a mere incantation and any apology has to, as the court has itself put it, be sincerely made. This is especially so when I have made the statements bonafide and pleaded truths with full details, which have not been dealt with by the Court. If i retract a statement before this court that I otherwise believe to be true or offer an insincere apology, that in my eyes would amount to the contempt of my conscience and of an institution that i hold in highest esteem.

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