Summary:
Senior journalist N Ram, advocate Prashant Bhushan and former Union Minister Arun Shourie moved the Supreme Court Saturday challenging the Contempt of Courts Act, which they said had a "chilling effect on the freedom of speech and expression" as guaranteed by the Constitution.
Describing the 1971 act as "unconstitutional and against the basic structure of the Constitution", the petitioners asked the court to quash certain provisions.
.
New Delhi: Senior journalist N Ram, advocate Prashant Bhushan and former Union Minister Arun Shourie moved the Supreme Court Saturday challenging the Contempt of Courts Act, which they said had a "chilling effect on the freedom of speech and expression" as guaranteed by the Constitution.
Describing the 1971 act as "unconstitutional and against the basic structure of the Constitution", the petitioners asked the court to quash certain provisions.
The petition argued that "the impugned sub-section is unconstitutional as it is incompatible with values (of the Preamble) and basic features of the Constitution" and, further, that it is "unconstitutionally and incurably vague, and manifestly arbitrary".
"...by criminialising criticism of the court in sweeping and absolute terms, the impugned sub-section raises a prior restraint on speech on matters of public and political importance," it stated.
The challenge to the Contempt of Courts Act comes days before the top court is to hear contempt proceedings against Mr Bhushan over serious allegations against the judiciary.
Last month, Mr Bhushan alleged the judiciary had a hand in dealing damage to democracy.
"Prashant Bhushan`s tweets undermines the dignity and authority of the Institution of the Supreme Court and the office of the Chief Justice of India in the eyes of the public," the court said last month.
The court also named Twitter India in the proceedings, demanding to know why the tweets were not removed after a contempt action became evident.
The matter is to be heard next on August 4.