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The court, which had in its last hearing asked the advocate to apologise for dropping the proceedings against him, went ahead with it as Bhushan refused to do so saying he did not owe any further explanation as his remarks on CJI was misconstrued by some people as imputation of financial corruption.
"On the issue of maintainability, we have held it against you. So you can go ahead on merit," a bench headed by Justice Altamas Kabir said.
Senior advocate Ram Jethmalani appearing for the advocate submitted that the proceeding, if allowed, would open Pandora`s box.
"Everyone knows what is happening," he said adding, "For the last two years, people know what is happening in the apex court but no one dared to speak."
"People would suffer for talking truth but now millions of people are ready to go behind the bars on the contempt petition," he said.
The bench, however, refused to drop the proceedings and said, "If you want to open the Pandora`s box then open it."
Bhushan is facing contempt proceedings for his interview to `Tehelka` magazine in which he made the insinuations against Justice Kapadia in 2009 as well as some other judges and previous CJIs.
He had said Justice Kapadia, being a member of the Forest Bench along with then Chief Justice K G Balakrishnan, should not have heard the matter relating to Vedanta Sterlite Group as he held shares of the company.
Jethmalani said, "I don`t advise my client (Bhushan) to say an apology to the court."
