Top Stories[Breaking] SC Bench Headed by Justice Arun Mishra Refers 11 Year Old Contempt Case Against Prashant Bhushan To CJI To Post Before Appropriate Bench LIVELAW NEWS NETWORK24 Aug 2020 11:18 PMShare This – xThe Supreme Court Bench headed by Justice Arun Mishra on Tuesday directed the listing of the 2009 contempt case against Prashant Bhushan before another bench on September 10 based on the orders of CJI.”I am short of time. I am demiting office”, J Mishra observed.Senior Advocate Rajeev Dhavan, appearing for Bhushan, submitted that he has raised some questions of law and that the matter ought to…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court Bench headed by Justice Arun Mishra on Tuesday directed the listing of the 2009 contempt case against Prashant Bhushan before another bench on September 10 based on the orders of CJI.”I am short of time. I am demiting office”, J Mishra observed.Senior Advocate Rajeev Dhavan, appearing for Bhushan, submitted that he has raised some questions of law and that the matter ought to be referred to Constitution Bench. Dhavan also urged the bench to hear Attorney General as issues of constitutional importance are involved.”These questions must be resolved for “once and for all”. The Court’s free speech jurisprudence has expanded and its impact on contempt law must be considered”, Dhavan submitted(The questions framed by Bhushan may be read here).However, Justice Mishra observed that there was paucity of time, given the fact that he was retiring on September 3.Justice Mishra therefore said that it was appropriate that the matter was considered by another bench on September 10.The question whether notice should be issued to the Attorney General is also left to the other bench, Justice Mishra said.On August 17, a bench of Justices Arun Mishra, BR Gavai & Krishna Murari stated that the following questions, having larger ramifications, arose in the case: (i) In case a public statement as to corruption by a particular Judge(s) is permissible, under what circumstances and on what basis, it can be made, and safeguards, if any, to be observed in that regard ?(ii) What procedure is to be adopted to make complaint in such cases when the allegation is about the conduct of a sitting Judge ?(iii) Whether against retired Judge(s), any allegation as to corruption can be made publicly, thereby shaking the confidence of general public in the judiciary; and whether the same would be punishable under the Contempt of Courts Act?On August 10, the Court had decided to hold a detailed hearing on whether to accept the explanation tendered by Advocate Prashant Bhushan in the contempt case and whether corruption allegations against judges, by themselves, would constitute contempt.The subject matter of the case is an interview given by Bhushan to Shoma Chaudhury of Tehelka magazine in 2009, where he allegedly said that for his allegations, half of the last 16 Chief Justices were corrupt. As per the complaint, Bhushan also said in the interview that he had no proof for the allegations.On August 4, a bench comprising Justices Arun Mishra, B R Gavai and Krishna Murari had reserved orders on whether to accept his explanation and said that it will proceed to hear the case in detail if his explanation was not found acceptable.”In case we do not accept the explanation/apology, we will hear the matter. We reserve the order”, the bench noted in the order.As per the press release issued by Prashant Bhushan’s office, he refused to tender an apology but agreed to issue the following explanation.”In my interview to Tehelka in 2009 I have used the word corruption in a wide sense meaning lack of propriety. I did not mean only financial corruption or deriving any pecuniary advantage. If what I have said caused hurt to any of them or to their families in any way, I regret the same. I unreservedly state that I support the institution of the judiciary and especially the Supreme Court of which I am a part, and had no intention to lower the prestige of the judiciary in which I have complete faith. I regret if my interview was misunderstood as doing so, that is, lower the reputation of the judiciary, especially the Supreme Court, which could never have been my intention at all.”The suo motu case was taken on the basis of a complaint made by Senior Advocate Harish Salve.The contempt proceedings pertain to allegations made by Salve towards Bhushan where Bhushan allegedly said that half of the last 16 Chief Justices were corrupt. As per the complaint, Bhushan also said in the interview that he had no proof for the allegations.On November 6, 2009, the complaint was placed before a bench comprising the then Chief Justice K G Balakrishnan and Justice S H Kapadia, which directed that the matter be listed before a 3-judge bench in which Justice Kapadia was not a member.On January 19, 2010, a bench comprising Justices Altamas Kabir, Cyriac Joseph and H L Dattu issued notices to Bhushan and Tarun Tejpal, the Editor-in-Chief of Tehelka magazineWith inputs from Akshita Saxena Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
These two segments would make up 7% of the portfolio, the asset owner said, once the new strategy was fully implemented over the next three years.“Compared to public corporate bonds these asset classes offer additional return and increase diversification in the overall portfolio,” Publica said.Credit Suisse’s latest Pensionskassen Index for the second quarter of 2018 showed this shift in allocation was in line with a general trend.The analysis of a representative sample of the Swiss pension industry showed an increase in real estate exposure by 44 basis points, to 22.84% on average.“This development can mainly be explained by an increase in indirect real estate investments abroad,” Credit Suisse stated in a press release.Alternative investments were also increased to just over 6%. For all other asset classes the analysts reported a slight decline, mainly caused by market effects.Over the first half of the year foreign equities were the only asset class to return over 1%. Other positive contributors were real estate and alternatives with gains of just under 0.5% each.However, these returns were not enough for an overall positive average return at the end of the second quarter: at the end of June Swiss schemes had lost 0.48% on average, despite a “significant recovery” in April.Credit Suisse said that both foreign and domestic bonds had underperformed their respective indices. Switzerland’s biggest pension investor has adapted its investment strategy to “reduce risk” across its portfolio.The CHF39.8bn Publica, which caters for public sector workers, started to reduce its equity quota in July, from 29% to 27%. In turn it increased its international real estate allocation from 4% to 6%.It also reduced the exposure to Swiss non-government bonds by 200 basis points to 8%, and said it would use the proceeds to make investments in private real estate financing and emerging market debt.Money from reducing investments in non-Swiss public corporate bonds would go into “private company and infrastructure debt”, Publica said.
Image Courtesy: CSK/Cricket Island/AFPAdvertisement 4imNBA Finals | Brooklyn Vs2yfoaWingsuit rodeo📽Sindre E54qip( IG: @_aubreyfisher @imraino ) 67fj83Would you ever consider trying this?😱9qt6mdCan your students do this? 🌚wiug4Roller skating! Powered by Firework New Zealand has finally tasted the feeling of victory after starting the ODI series against Team India with a swift win yesterday at the Seddon Park cricket ground. Although India put up a mammoth target of 348,it was the hosts who finally came on top, thanks to a destructive Ross Taylor, who’s swashbuckling century fell overwhelming in front of the Indian bowlers. However, Team India icon Harbhajan Singh has taken a dig at the Kiwi batsman for his bizarre celebration, and his IPL franchise CSK also joined in the trolling!Advertisement Image Courtesy: CSK/Cricket Island/AFPRoss Taylor is known for his peculiar gesture of poking out his tongue after scoring a century, and he did the same yesterday. The Black Caps run machine’s 21st ODI hundred came off of just 73 balls, and he did the iconic ‘tongue poking’ celebration.Although, there’s a big reason behind Taylor’s peculiar way of celebrating. Back in 2015, the 35 year old revealed the reason behind poking his tongue out, which was a fun gesture for his 8 year old daughter Mackenzie Taylor.Advertisement “Right back when I was at age group I got dropped a couple of times when I got hundreds. Then I poked my tongue out – (after) I got dropped – against Australia, my second ODI hundred,” Taylor said in an interview with Australian sports broadcaster Nine’s Wide World of Sports.The Black Caps veteran then said that it was to make his little girl happy: “Ever since then my daughter has been pretty happy when I poke my tongue out and that’s pretty much for her as well,” he added.Advertisement Since then, Taylor has always performed this century celebration. However, the reason behind it was probably not known to Bhajji. Yesterday on his official Twitter acount, Harbhajan posted a picture of Taylor with his tongue out, with a query on the reason behind his bizarre way of cherishing the moment. Along with complimenting Taylor for his superb performance.Bhajji tweeted: “What a knock @RossLTaylor well done.. tell me why do u put the tongue out every time score 100??? 😜 good game of cricket #indvsnz”Soon after Harbhajan’s tweet going viral all over social media, Chennai Super Kings’s official Twitter handle came up with a witty response, word playing the phrase “What a knock” as “What a naak!(nakku meaning tongue in Tamil)”Taylor, who kept his strike till the end of the chase, scored a stunning 84-ball-109 with ten fours and four sixes. He was also awarded the Man of the Match award.The second ODI match is on this Saturday at the Eden Park stadium.Also read-Watch: Sourav Ganguly finds his dancing avatar, all thanks to Harbhajan SinghRohit Sharma and the rest of Twitter troll Yuzvendra Chahal after he is compared to The Rock! Advertisement