Prashant moves SC, seeks hearing on his plea before review petitions are considered

New Delhi: Activist-lawyer Prashant Bhushan on Tuesday moved the Supreme Court seeking a direction that his two pleas, in which he has sought review of the orders convicting and sentencing him for contempt of court for his tweets against the judiciary, be heard after adjudication of his separate petition raising the issue of right to appeal in such matter.

The application has been moved by Bhushan, a day before a three-judge bench headed by Justice A M Khanwilkar is scheduled to consider in-chamber on Wednesday his two petitions seeking review of the apex court's orders by which he was convicted and sentenced in the contempt case.

The top court had on August 14 held Bhushan guilty of criminal contempt for his two contemptuous tweets against the judiciary, saying they cannot be said to be a fair criticism of the functioning of the judiciary made in the public interest.

Later, the apex court had on August 31 sentenced him to either pay nominal fine of Re 1 or face a three-month jail term and debarment from law practice for three years in the case.

Bhushan, who has already deposited Re 1 as fine with the apex court's registry on September 14, has filed two separate review petitions in the case.

After the apex court's orders in the contempt case, Bhushan had filed a separate petition on September 12 seeking directions including that person convicted for criminal contempt by top court, including him, would have a right to an intra-court appeal to be heard by a larger and different bench.

In his application filed through advocate KaminiJaiswal on Tuesday, Bhushan said that prayers made in the September 12 petition have a direct bearing on the review petitions filed by him.

He said that despite the application seeking urgent listing was filed on September 14 in the petition, the matter has not been listed before the court whereas instant and connected review petitions have been suddenly listed for hearing on December 16, 2020 .

The application said it would be in the interest of justice if the top court would apply its mind to the review petitions after the separate plea filed by him is heard or adjudicated upon.