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4. When controverted with various statements made by the contemnor in the affidavit in reply, the learned Attorney General fairly conceded that such statements were not warranted.

5. He suggested that such statements be either withdrawn by the contemnor or should be taken off from the pleadings. When further confronted with the Contempt Petition filed by the learned Attorney General in one of the proceedings against the very same contemnor, the learned Attorney General submitted that since Shri Prashant Bhushan, on a piece of paper, had expressed his regret, he expressed desire not to pursue the said contempt proceedings. The learned Attorney General attempted to read out the statement made by Shri Prashant Bhushan in the contempt proceedings, which was initiated in the year 2009, wherein Shri Prashant Bhushan had expressed his regret. However, when it was pointed out to the learned Attorney General that the said statement was not pertaining to the present proceedings but earlier proceedings, the learned Attorney General stated that when Shri Prashant Bhushan had expressed regret in the other proceedings, there is no reason as to why he should not express regret in the present proceedings also. He stated that the same could be considered as regret in the present proceedings also. We had also pointed out to the learned Attorney General that the contemnor was pressing the statement made in the affidavit and was raising a plea of truth as a defence. In such circumstances, whether it would be appropriate on the part of this Court to take off the said statements from the pleadings. The learned Attorney General, faced with this situation, stated that unless the contemnor withdraws the said statements, in view of the provisions of Section 13(b) of the Act, the statements cannot be taken off.

16. After the judgment of conviction, when this Court had granted time to the contemnor to submit unconditional apology, if he so desired, the supplementary statement has been made by Shri Prashant Bhushan on 24.08.2020 to the following effect: ­ “It is with deep regret that I read the order of this Hon’ble Court dated 20th of August. At the hearing the court asked me to take 2­3 days to reconsider the statement I made in the court. However, the order subsequently states: “We have given time to the contemnor to submit unconditional apology, if he so desires.” I have never stood on ceremony when it comes to offering an apology for any mistake or wrongdoing on my part. It has been a privilege for me to have served this institution and bring several important public interest causes before it. I live with the realisation that I have received from this institution much more than I have had the opportunity to give it. I cannot but have the highest regard for the institution of the Supreme Court.

86. We have applied the aforesaid guidelines and standards.

87. Learned Attorney General submitted that the Court should exhibit magnanimity. Dr. Dhavan, learned senior counsel, invoked the statesmanship from this Court. Learned Attorney General stated that if there is an expression of regret and if the affidavit is withdrawn, perhaps a quietus can be given to the proceeding. However, the contemnor declined to do so. Learned Attorney General also submitted that in Arundhati Roy’s case, it was held that “our shoulders are broad enough to shrug off comments against it.” No doubt about it, our approach has to be like one stated by the learned Attorney General. In spite of learned Attorney General appealing that it was not too late for the contemnor to express regret as he did in the other case regarding contempt filed by learned Attorney General and one more chance be given, but that was virtually declined flatly by Dr. Dhavan, learned senior counsel, in the presence of the contemnor. It is apparent that in both the statements made by the contemnor, he is sticking to his ground, and he is not at all realizing that any wrong was done by him to the institution. At the same time, he has expressed the faith in the institution and he has submitted that an apology cannot be a mere incantation and an apology has to be as the Court itself put be sincerely made. He has further stated that he made the statement bona fide and with truthful details which had not been dealt with by the Court. He is insistent and has no remorse about what he has stated in the defence. He has not gone by the advice of the learned Attorney General to withdraw the same and to take if off the record. Shri Prashant Bhushan being a person well versed with law ought to have given due weightage to the advice rendered by the learned Attorney General who has pleaded not to sentence him, at the same time maintained that the statements made in the affidavit in reply could not be taken into consideration for considering the case of Mr. Prashant Bhushan of truth as a defence. When senior­most functionary in the legal profession of the stature of the learned Attorney General was giving an advice to express regret and withdraw the wild allegations a lawyer of such a long standing was expected to give due respect to it. Even our request made to him has gone in vain. Thus, we feel that the simple issuance of warning is not going to suffice in the instant case.

92. We have given deep thought as to what sentence should be imposed on the contemnor. The conduct of the present contemnor also needs to be taken into consideration. This Court in Tehseen Poonawala (supra) has observed that the said matter was a fit matter wherein criminal contempt proceedings were required to be initiated. However, the court stopped at doing so observing that it would have been an unequal fight. The learned Attorney General had also initiated contempt proceedings against the present contemnor, however, on the contemnor submitting regret, the learned Attorney General sought withdrawal of the said proceedings. However, the said proceedings are still pending. In the present matter also not on one occasion but on several occasions, we not only gave opportunity but also directly or indirectly pursuaded the contemnor to express regret. Not only that the learned Attorney General had also suggested that it was in the fitness of things that a contemnor expresses regret and withdraws the allegation made in the affidavit in reply, which request was not heeded to by the contemnor. The contemnor not only gave wide publicity to the second statement submitted before this Court on 24.08.2020 prior to the same being tendered to the Court, but also gave various interviews with regard to sub judice matter, thereby further attempting to bring down the reputation of this Court. If we do not take cognizance of such conduct it will give a wrong message to the lawyers and litigants throughout the country. However, by showing magnanimity, instead of imposing any severe puishment, we are sentencing the contemnor with a nominal fine of Re.1/­ (Rupee one).