Justice Arun Mishra led bench to hear N Ram's plea challenging vires of Section 2 (1)(c) of Contempt of Court Act, 1971

The plea filed by journalist N Ram, former Union Minister Arun Shourie, and Advocate Prashant Bhushan assailing the constitutionality of Section 2(c)(i) of the Contempt of Courts Act, 1971 has now been listed for August 13 before a bench led by Justice Arun Mishra. .The matter was initially listed before a Bench headed by Justice DY Chandrachud. The Supreme Court Registry hauled up its officers for not listing the case before the bench headed by Justice Arun Mishra..According to certain officers in the Supreme Court Registry, the administrative head had called the senior level assistant and the Deputy Registrar Rank officers for questioning after the plea challenging the constitutionality of the Contempt of Courts act was not listed before the Justice Arun Mishra led-bench. This Bench is currently hearing the suo motu contempt matter against Advocate Prashant Bhushan..As per sources in the registry, the deletion of the matter from a bench led by Justice Chandrachud was valid because an application for stay was also filed along with the lead petition by N Ram and others, where the petitioners had sought for a stay on all the contempt proceedings against Bhushan. .The sources maintained that it was "cardinal principle of law that a coordinate bench cannot stay proceedings which are before another bench.".Before the matter was deleted from Justice Chandrachud's court, Registry officials were called as they had violated the "practice and procedure in use" and as "similar matters" had to be placed before the same Bench dealing with the case.Soon after the officials were pulled up, the Supreme Court causelist for August 10 reflected that the petition filed by N Ram, Prashant Bhushan and Arun Shourie was deleted from the Court of Justices DY Chandrachud and KM Joseph..In the N Ram petition, it is argued that the provision is vague and manifestly arbitrary. Therefore, they have prayed for the sub-section to be declared as unconstitutional.The provision violates the right to free speech to the extent that it is not covered under the reasonable restrictions enlisted under Article 19(2) of the Constitution, the petition states. It is contended that "scandalising the court" cannot be said to be covered under the ground of "contempt of court" under Article 19(2)..The Justice Arun Mishra-led Bench had recently reserved orders in the suo motu contempt petition against Bhushan after he tweeted indicating that the CJI office was responsible for the slow working of the court during COVID-19 induced lockdown..(READ RELATED STORIES).Supreme Court deletes N Ram, Arun Shourie and Bhushan's petition before Justice DY Chandrachud-led bench; Former SC Judges opine.Offence of "scandalizing the court" rooted in colonial objects: Plea in SC challenges constitutionality of criminal contempt provision."No one can claim infallibility, including judges", Dave argues as Supreme Court reserves order in contempt case against Prashant Bhushan