If they think that Prashant Bhushan will apologize during the two-day extension in the Khap panchayat headed by Justice Arun Mishra, it is because they are incapable of understanding not only Bhushan but also the values that Bhushan upholds.
There will be various complaints and grievances in the big bundles that come to Bhushan’s office every day. From the need to file a petition to dissolve the Indian Parliament to the fact that our grandfather, who was a clerk in the British Raj, did not get his pension, to the amount of paperwork to put us to sleep, to the need to fight against the corporates who are selling this country.
Whistle-Blowers come to share secrets without any fear. There was no reasonable plea that there was no money. Petitions do not go from there for any immoral purpose in the name of having money.
Bhushan and other junior lawyers in the office once had lunch together, as he once said, as if it were a common occurrence. During the early days of the first Narendra Modi government, someone came to see me one afternoon. Without crowds. After some investigation, the visitor gets to the point. “You should not stand against us. You can become the legal advisor of our group (which means hundreds of crores of rupees). Just say whatever you want to do with Narendra Bhai. No problem.”
Bhushan thanked him after the courtesy and informed that he was not interested. We knew the owner who came to offer that. For him, Narendra Modi had become a broker in the sale of ports and airports in India. Prashant Bhushan can blindly say that he is the creator of such temptations only to move on to the next thing by saying it like a normal event. Therefore, he will have no other idea what to say in the Supreme Court today.
But that is not the case with the Supreme Court. The number of justices who have accepted the honours bestowed on them by the ruling party after retirement is on the rise. Justice Arun Mishra is just! So Prime Minister Narendra Modi came to shave the head of his daughter’s baby. (Mishra’s daughter’s husband is Divakar Mishra, Joint Secretary, Ministry of Commerce. He is a 2000 batch IAS officer).
President Kovind came. The Minister of Defense came. Amit Shah came. Several other Union ministers came. Many chief ministers went. Then the chief of the armed forces went. Bhushan tweeted, “Apparently this blue-eyed Joint Secretary is the son in law of a senior SC judge and the Mundan ceremony of his daughter was at the residence of that Judge!” Bhushan was then convicted by Justice Mishra himself.
Justice Mishra, on the other hand, is a bit strict in administering justice. So far, after 2019, Tian has ruled in Adani’s favour in six cases involving the Adani Group. When he has a month to retire, God of Justice is bound to pronounce judgment on the seventh. Mishra summoned some of the cases to his bench in the vacation bench and settled them in favour of Adani. Mishra also rejected a plea that Modi’s name was included in the Sahara-Birla diary (Modi just bought a penny for tea and Rs 25 crore) for further investigation. In the medical college bribery case, Justice Mishra also sat with Chief Justice Deepak Mishra, who was accused of having links with the accused in the case.
Mishra also rejected a petition seeking an inquiry into the unnatural death of Justice Loya, who was hearing the case against the then Gujarat Home Minister and later Union Home Minister Amit Shah, who was under the suspicion in the fake encounter murder of Shorabuddin Sheikh and the rape and murder of his wife Kauser B. When the listing of this case came to Mishra’s bench, four senior judges of the day held a press conference alleging that there were some irregularities and misguided interest in listing certain types of cases and political significance. Ranjan Gogoi’s enslavement to get rid of the sexual harassment case and some other troubles is another story.
In the days leading up to Gogoi’s sexual harassment, a lawyer suddenly came to the scene claiming that he knows the lies behind this. Everyone knew he was planted by Gogoi. A ‘taxi car’ came through the entrance, which is only accessible to the justices, and went inside without being checked when the magic wand was blown from the inside. Mishra’s bench summoned him to court. And Mishra praised Gogoi in open court, saying that no Chief Justice of the world has acted so transparently in the allegations against him.
The IB chief, CBI chief and Delhi Police chief were asked to appear in the afternoon. Months passed. Gogoi’s stigma came out of the Supreme Court after several Eran Mooli verdicts, including the Ayodhya, Raphael and Sabarimala reviews. Another thing happened before that. The Supreme Court had reinstated an employee who raised allegations of sexual harassment against the Chief Justice. Her husband and brother-in-law, who were suspended from the Delhi Police, were reinstated.
The Delhi Police had asked the court to terminate the proceedings as the complainant, who had filed a fraud case against the employee, was missing. So that scary paper? None, but instead the national security advice was signed on another piece of paper held by the complainant. Kneel, that it will be opened.
The broad constitutional bench decided to hear when it came to the fact that there were contradictions in two judgments of the Supreme Court itself in the Land Acquisition Act. Among the contradictory verdicts, Mishra wrote the verdict which is considered to be in favour of the government. The new bench came. Who was the Chairman of the Broad Constitutional Bench who had examined both the judgments and taken a correct stand? Justice Arun Mishra.
Not surprisingly, Justice Mishra’s concept of justice did not catch Prashant Bhushan. It’s two worlds.
There is nothing sacred in human civilization at all times. If the Supreme Court claims such a sanctity, it means that it is ignorant of the historicity of justice. Prashant Bhushan is holding the mirror of the political consciousness of morality against the Supreme Court. The court smashed the mirror out of fear of seeing his own face.