New Delhi: The Supreme Court on Thursday said contemptuous remarks against the judiciary will weaken the institution, though it was not averse to bonafide expression of opinion on corruption and its shortcomings if made with some basis.
The apex court said the judiciary was still one of the institutions which had "withstood all kinds of pressure" and has remained a strong pillar of democracy.
"You can file a bonafide report but cannot express an opinion recklessly without any foundation. Tomorrow, anybody can stand up in the court and make comments on the judiciary.
"This institution's image will get eroded. It will become weak. This judiciary has withstood all kinds of pressure. It is one pillar which has remained strong," the apex court observed.
A bench of justices Altamas Kabir, Cyriac Joseph and HL Dattu made the remarks while adjourning till January 4 the plea of advocate Prashant Bhushan seeking reference to a Constitution Bench the issue whether "bonafide opinion" on corruption judiciary amounted to contempt.
Bhushan, who is facing contempt proceedings for his comments in 2009 on Chief Justice SH Kapadia and the judiciary in an interview to "Tehelka" magazine, during the brief hearing today argued bonafide expression cannot be deemed as contemptuous, though "reckless" remarks cannot be permitted.
The apex court had earlier agreed to consider referring to a Constitution Bench the question whether "bonafide opinion" on corruption in a section of the judiciary amounted to contempt and should the person making the allegation prove it by way of evidence.
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