Father steps up in Bhushan contempt case, claims half of 16 former CJIs were ‘definitely corrupt’

Former law minister Shanti Bhushan said that at least eight of the last 16 Chief Justices of India (CJI) were “definitely corrupt” in his defiant defence in the contempt proceedings brought against his son Prashanth Bhushan who had given an interview to national magazine Tehelka on September 5 2009 making the same allegation.

The elder Bhushan made the statement in his application filed yesterday to implead himself in the contempt proceedings against his son, also filing a sealed envelope of the names of 16 former chief justices, eight of whom were “definitely corrupt”, six of whom he claimed were “definitely honest”, and two of whom “a definite opinion cannot be expressed whether they were honest or currupt”, reported the Indian Express and other papers.

In December 2009 Prashanth Bhushan filed an affidavit defending himself against the contempt proceedings that were brought by senior counsel Harish Salve volunteering as amicus curiae. Prashanth Bhushan also alleged that Salve had repeatedly misused his position as amicus curiae amounting to professional misconduct. The editor-in-chief of Tehelka, Taru Tejpal, has also been served with notice in the contempt proceedings*.*

In his 2009 interview with Tehelka, Prashanth Bhushan said that: “In my view, out of the last 16 to 17 Chief Justices, half have been corrupt. I can’t prove this, though we had evidence against Punchhi, Anand, and Sabharwal on the basis of which we sought their impeachment.”

Prashanth Bhushan stated in his affidavit that said section of the interview “could have been better phrased, but, by the word corrupt, I meant, ‘of doubtful integrity’.”

“The second part of the interview relied upon is my answer to the question as to whether there were other ways in which judicial corruption manifests itself. In response to which I had said: ‘There are so many---‘. Here again, when I said, ‘There are so many’, it was only with reference to non financial behaviour, or other kinds of conflict of interest or misconduct by judges. It is in this context that my answer to the question should be understood,” continued the affidavit.

Senior counsel Ram Jethmalani was instructed to defend Bhushan in the case and argued that the contempt proceedings should not proceed as there was a serious risk that it would give the impression of being issued solely for suppressing uncomfortable facts about the judiciary.

Yesterday Prashanth Bushan’s father, who was India’s law minister between 1977 and 1979, said that he too should be jailed for contempt after repeating a slightly toned-down version of his son’s claims about the CJIs.

Comments

Anonymous guest 17 Sept 2010, 19:18
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It is despicable state of affairs. Exactly because judiciary can quell all criticism is why there is corruption. The contempt laws are far too strict and need to be revised. The only way the bench will every improve its ways is if lawyers and the public and media can question judges properly.
Anonymous guest 17 Sept 2010, 19:21
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well done khaitan, way to go breaking new grounds
Anonymous guest 17 Sept 2010, 21:07
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#2 How is it linked to the story???
Anonymous guest 17 Sept 2010, 22:47
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As if Bhushan's revelation is any big surprise!
Anonymous guest 18 Sept 2010, 02:14
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I think the way you are putting it forward is extremely wrong Kianz. Mr Shanti Bhushan is more of a legal luminary than a father of Mr Prashant Bhushan. So, the heading is extremely degrading to the issue at hand. It's not a family issue. It's an issue which is of grave importance to the nation which is to uphold the integrity of the Judiciary in the country. I hope media understands its responsibility and not use headings like the one which you have used.
kianganz 18 Sept 2010, 02:28
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Dear Mr Seth, Many thanks for your comment but I think you are misreading the headline slightly. Just because a family connection is mentioned in the headline does not mean we are degrading the issue. At least, nothing of the sort was intended or even envisaged when writing it. I hope the article as a whole also makes that clear.

Best regards,
Kian
Anonymous guest 18 Sept 2010, 03:08
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sh. Shanti Bhusan & sons is an Institution, granting character certificates to CJI and Judges, those who doesnot heed them gets Master of Currupt certificate and I ddnt understand such a big legal luminoaries making wild allegations, Can Big lawyer are allowed to make allegations on hearsay? under wat locus he has moved such affidavit in the contempt proceedings? Do anyone other than person faceing contempt has any locus? I think he made such allegations to save his son by sensationalising the issue of corruptions. and indirectly pressurising the Judges, , these days is become fashion to allega or make general statement that all are currupt and get instant prais from people..., how many of big lawyers are above board themselves?
It is my personal views and opinions
Anonymous guest 18 Sept 2010, 05:56
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Kian,. Mr. Seth at #5 are right. If as you say at #6, you were only bothered abt the issue on hand (i.e corruption in the SC), then mentioning 'father' has absolutely no relevance. By mentioning it, you are clearly implying to the readers (atleast 2 in this case) that Shanti Bhushan's interference is because of the father-son relation.
Anonymous guest 18 Sept 2010, 17:08
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@8 yes i am clearly implying that he filed application as a father not as imminent lawyer, as I remember Shanti Bhusan never filed any application in any other contempt procedings in any Court to support the cause , how many application he has filed without any locus standi ? in any other case of the public importance? mute question is that why he kept silent all these year? why he did not rise these issue when he come to know about it? publicly, therefore these application/affidavit is nothing but to indirectly creat a situation where under pressure judge can take leninet view of habitual critic and activist sh. Prasant Bhusan,
Curruption is Judiciary is big issue and public in general and lawyer in common takes atatment of curruption as truth, specially these Big lawyer makes statment, but we all know these big lawyers has many vested interst also.
it is endless deabate..so i stop here,
Anonymous guest 18 Sept 2010, 17:35
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Judges should go thorough the Bar Council Examination and anti-corruption oath & declaration.
Anonymous guest 18 Sept 2010, 18:04
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#9, I agree with you. However my point at #6 was specifically relating to Kian trying to justify his use of 'father' and then stating at #6 that he wasn't implying anything. That is clearly incorrect. The point really is what has Mr. Shanti Bhushan stated. The point is not why he kept quiet for all these years. We all know the kind of lavish lifestyles some of these judges lead when their known sources of income are so less.

The other point is what about moral corruption. Giving favorable orders so that you can be appointed as Chairperson of a human rights commission or minorities commission or on some body of the government is also corruption to my mind.
Anonymous guest 18 Sept 2010, 19:30
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@ Assumed presumptions -: you definitely suit your name, Do u u know who was the moving force behind the first impeachment motion against a Judge in the SC, Justice Veeraswami? It was Mr Shanti Bhushan, do u know who brought out the illegal dealings of Former CJI Y.K.Sabharwal and his son, it was this person again and in both the cases, his son was not facing contempt and also this is the second time Prashant Bhushan is facing contempt proceedings, onec before with Mr. Arundhati Roy as well,he suffered for speaking up along with the journalist. Well, though i don't completely endorse Mr. Prashant Bhushan's big mouth but would surely believe when a legal luminary like Shanti Bhushan speaks up and knowing what he has done in the past, the statement is surely not because he is his father.

@ Kianz -: This piece is an extremely well written article and i really appreciate you for the same but the perception is made by the reader when he reads the heading/ caption given to the article. It is something which makes the person read/ not read the article and one who starts reading reads with same perception created by the heading. Though i may be wrong as you may know better than me as you have been doing this from a long time and you have been very good at it. Just felt, i would give my opinion/ suggestion.And to be fair to you, i would disclose that i have been working with Mr. Shanti Bhushan and have researched a lot on the topic and therefore you might take it as a prejudiced opinion on one hand or a well informed approach on the other....
Anonymous guest 18 Sept 2010, 20:08
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It is well known that many Indian law firms are involved in corruption and bribery. High time these "Gandhians" were exposed.
Anonymous guest 19 Sept 2010, 05:01
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@12/ kartik Seth, issue of corruption is much wider but timing and approach is also looked into , and vested interest and pressure tactics ot some top lawyers we regularly see in the court, i hope we all know how it works in the courts and it influence the justice delivery system knowngly or unknowlgly, I too have seen many top lawyer in the supreme court , how they behaves, and how and upto which lenth they can go for their top notch client merely because one is top notch , it doesnot mean wat one will say is always truth, being a lawyer i cannot acept what one say blindly, but motive behind it trivilised the issue of corruption. i have all respect of Shantibhusan for his courage and upright apporach, basically i admire only two 1 is ram jethmalani and another is Shanti Bhusan and luckly in the present case Ram Jethmalani is representing Shanti Bhusan, Mr seth i am also vocally against the contempt of court procedings against lawyers or even against general public for giving word to the general perceptions of people or specific perception of lawyer about the Judges, very few are couragous enough these days who trying to ring the bell otherwise most of the top senios advocate of top practitioner are try to circumvent the judicial by sycophancy....still i hold my view( i have right to have my own view) that affidavit of shantibhusan is sons contempt procedding trivilised the big issue of curruption in Judiciary.

Arundhati Roy and etc i dnt comment about them as they one side fight for human right and other side they support naxals who kills many innocent peoples too.. they criticise all who doesnot endorse there biased view, they be right upto to some extent but ...
kartik ji if u want i can give u my name and phone number here itself to talk about this issue.
Anonymous guest 19 Sept 2010, 23:48
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Dear Sir
In India JUDICIARY is a most corrupt independent department, it is a slow poison to 340 lac millions Indians, as per law commission 230th report, above mention cases pending in courts, this AIDS spread by Judges, Police department, and Advocates to countrymen, Judiciary > soul of any country, Soul of India is not “A” grade it is 999% corrupt, 340 lacs pending??, this is a DATA, LIVE PROOF THEY ARE CORRUPT, only .001% we can say are honest, JUDGE Satyanaran ji one from Andhra pardesh, Judge Shori ji from HARYANA,
Judiciary is Corrupt > Mr. moily law minister said in parliament, to know this bare truth - MORE - DATA - visit my web page www.mediafire.com/nrisushilkumar, www.mediafire.com/nrihrypklpolicekill see folder RKS -PKL, RKS Complaint sge, , see files bare truth, study all file, eyes and mind both will be open, i am a live proof, sushil kumar +971-55-7078684, FOR MORE DATA VISIT IN COURTS - INTERACT WITH SLOW POISON “AIDS” VICTIMS, UNLIMITED DATA WILL BE AVAILABLE FOR ALL study file RKS complaint sge last page and apply your mind. One rice is enough to know the condition of all. Agreed ………
Anonymous guest 25 Oct 2010, 06:41
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I have went through all comments against duo but it is a feeling if any body really met justice denial situation with serious error and corruption ground then exclusively he will be able to understand what is the meaning of corruption free judiciary ASHISH
Anonymous guest 12 Nov 2010, 23:40
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Why Supreme Court wants an apology. If court thinks that Mr. Bhushan made baseless allegations then court should do the needful to save the reputation of the judiciary.
But………. we know that they also know that the allegations made by Mr. Bhushan are not totally without basis. People of INDIA have every right to know about the wrong doings of the people whom they say ‘MY LOARD’. My humble request to Justices Altamas Kabir, Cyriac Joseph and H.L. Dattu that please leave this matter for public domain.
Anonymous guest 21 Dec 2010, 13:46
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Posted on 21.12.10
The question which arises is that who has the ability to comment on such issues? A judge, an advocate, a person who faced the court (sufferer) without corruption (without paying bribery to judges / judiciary staff). A person who would have got the post of Secretary to Government of India but due to exposing corruption and rule D B, again Rule D B and retaining his case as part heard years together and then releasing/ leaving case without decision and in between many similar cases like case of AIIMS director etc are judiciously decided, has full right to comment on these issues. These cases / related contempt are pending since about last 10 years. I understand as soon as I retire from service these will be concluded. Thus I may not be able to get real benefit for fighting these cases. Another case related to accident claim is moving around the lower courts since almost last 20 years. Though the penalty was imposed but recovery is pending. Thus ‘justice delayed is justice denied’ is true in my case. Thus I have a 30 years of experience of dealing with the court. My cases are so that there is no chance of adverse decision like terminating my service without any departmental inquiry, not paying my accident claim ordered by court etc.

I am thankful to Late sri Surendra Mohan a thinker, Lohiaites and writer who had given his last speech against corruption in judiciary before a group on 16.12.10 evening (prior to few hours of his death) and my long discussion on this issue with him and his wife after that deliberation.

I have read the comments of justice H. L. Gokhale, justice K.G. Balakrishnan and Justice Raghupati in recent news papers. Who is correct among them and upto what extent is known to them only.
I have also read the news about the comments of Supreme court judges over Allahabad High Court judges but it is my utter surprise why no comments about Delhi High Court. I also hope that someday something similar to the Wiki Leaks will take birth. Thanks to RTIA-2005 which exposed that CBI in one case changed the inquiry officer at last moment who in turn changed the 3 years inquiry report in 1 month and in another case stated that 1500 pages documents submitted to CBI as proof of corruption were not available in its record and thus nobody was penalized in both the big scams.
Regarding corruption in judiciary I am the one who knows better than many others. I had exposed corruption & scandals which were found correct by investigation of Madhya Pradesh legislative assembly inquiry committee, Lokayukta/ Chief Secretary Govt of MP, inquiry officer / an IAS officer (Chief Vigilance officer) Govt of India , based on which a Secretary to Government of India was removed from post / placed on compulsory wait. I have filed / fought about 35 cases (Sadachari Singh Tomar Vs UOI/ State of MP/ MPCST/CBI/CVC etc) i.e. 2 cases before Hon’ble Supreme court of India, 9 cases before Hon’ble High Courts, one case before Hon’ble SAT, 6 cases before Hon’ble CAT PB of India, 4 cases before Hon’ble District court, about 15 cases before Hon’ble Consumer court (District, state and National Commission) and thus have the opportunity of closely observing the Judges. I have also filed about 80 RTIA applications most of these were also placed before Center Information Commission (CIC) and information / certified copy documents received were placed before judges and I have received their comments. Based on my personal observation I conclude that many of judges are not extraordinary personalities but they are like a common man of society and they are behaving like that only.
I was hopeful that judiciary will protect me if any wrong / illegal action is taken against me when I exposed corruption of higher authorities but this was my wrong concept.

On the issueof placing affidavit before Hon’ble Supreme Court in line I had discussed with Shri Prashant Bhushan Ji but it could not be materialized. Now I am again thinking to proceed on the same lines. Why there are only 25 affidavits? These will now be 1000s / many more.
Mr. Prashant Bhushan is fighting against corruption specially judiciary and if he cannot win I don’t hope there is anybody who can fight against corruption in judiciary.