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Contempt notice to Prashant Bhushan

J. Venkatesan

New Delhi: The Supreme Court on Friday issued notice to advocate Prashant Bhushan on a contempt petition for his interview in Tehelka magazine levelling corruption charges against its sitting judges.

A Bench consisting of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam also issued notice to Editor-in-Chief Tarun J. Tejpal, after Harish Salve, amicus curiae in the ‘Forest Bench matters’, pleaded for initiation of suo motu contempt proceedings.

Justice S.H. Kapadia, who was also on the Bench, did not participate in the hearing.

In his application, Mr. Salve said the allegations were clearly an attempt to undermine the public confidence in the court as an institution.

(Mr. Bhushan, in his interview, also alleged that Justice Kapadia, who had shares in the Sterlite Company, a subsidiary of Vedanta, had decided the Niyamgiri mining lease case in Orissa in favour of Sterlite).

The application said the statements in the interview severely eroded the public confidence in the judiciary and “are contemptuous per se.” It said that “in relation to the allegations against Justice Kapadia, the respondent [Mr. Bhushan] has indulged in half-truths.”

Judge withdraws

Meanwhile, Justice Kapadia recused himself from hearing another matter also as he happens to be shareholder of a sister company involved in the litigation before him. Justice Kapadia is holding shares in Sterlite.

A Bench of Justices Kapadia and Aftab Alam was hearing a petition filed by Harinarayan Bajaj, a BSE broker, seeking to stay the implementation of the public offer made by the London-based Vedanta Resources to buy a 20 per cent additional stake in the iron ore exporting firm, Sesa Goa.

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