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The arguments put forth by senior advocate and Supreme Court Association Bar Association president Dushyant Dave representing senior advocate Prashant Bhushan in the contempt case against him are concerns that go beyond this case. 

The bench consisting of Justices Arun Mishra, B.R. Gavai and Krishna Murari was reminded of the fact that the Supreme Court reinstated the woman who has made serious allegations of sexual harassment against the former Chief Justice of India. No contempt proceedings were initiated against her. The impression this created is that there was some merit in her allegations.

Dave also reminded the court that the former CJI was given a Rajya Sabha seat. He said: “A judge (Ranjan Gogoi) sits on a Saturday in his own case regarding sexual harassment and subsequently gets a seat in the Rajya Sabha with Z-plus category security, which he (Bhushan) said had raised serious question marks over his (Gogoi’s) decisions in the Rafale, Ayodhya and CBI director case,”

The best defenders of this government can only indulge in spurious, institution-wrecking arguments to defend what is going on. The tactic to scare Bhushan is not new, but with this government takes on a very ominous hue.