Katju plea: SC to hear case to decide on parliament’s power to punish citizens

If one put one’s views on a public domain, one had to be prepared for criticism

GN Bureau | August 3, 2015


#katju   #mahatma Gandhi   #subhas bose   #facebook  

Saying that if one put one’s views on a public domain, one had to be prepared for criticism, the supreme court today (Monday) said that prima facie it feels that there is nothing wrong in parliament passing resolution against former judge Markandey Katju. But the court would hear the case filed by Katju as through this, a debate will ensue on whether the parliament can condemn the views of a citizen.

 On March 10, Katju had made two posts on his Facebook page on Mahatma Gandhi and Subhash Bose. "In the post, in respect of Gandhiji, (I) made the point that by constantly using religious symbolism in politics for decades, Gandhiji, in effect, furthered British policy of divide and rule by alienating the Muslim population of the Indian subcontinent away from the national movement. On Bose, I made the short point that through his actions, knowingly or unknowingly, he ended up perpetuating Japanese imperial interests in the Indian subcontinent."

The Rajya Sabha and The Lok Sabha had passed unanimous resolutions condemning and deploring his statement.

The court said the resolution did not violate his right to free speech and expression or in any way dent his reputation.

However, the apex court bench of justices TS Thakur, V Gopala Gowda and R Banumathi while agreeing to further hear the matter, appointed senior counsel Fali Nariman as amicus curiae as Justice Katju's counsel Gopal Subramaniam told the court that he could not have been condemned by parliament without being given an opportunity to be heard.

The apex court said that Justice Katju should be ready to face criticism for venting his opinion on a public platform.

Katju compared the action of members of Lok Sabha and Rajya Sabha in passing the resolutions in March this year to that of 'queen of hearts' in the novel 'Alice in Wonderland' who would say "off with his head" even before she would give a hearing to someone.

"It is basic principle of natural justice that no one should be condemned unheard. But paying scant regard to this principle, the members of both Houses of the Indian Parliament all flocked together with one voice to condemn me," he said in his petition prepared through former solicitor general Gopal Subramanium.

He argued that important questions of supremacy of the Indian Constitution and freedom of speech were raised, which required a debate.

Comments

 

Other News

Sebi to have two-track approach on ESG

Securities and Exchange Board of India (Sebi) aims to use a two-track approach on environmental social and corporate governance (ESG). Addressing a conference on ‘ESG for Atmanirbhar Bharat` in Mumbai, Sebi chairperson Madhabi Puri Buch said that that there should not be a single carbo

Accuracy more important than speed in news: Anurag Thakur

Presenting authentic information is the prime responsibility of media and that facts should be properly checked before they are put in the public domain, union minister of information and broadcasting Anurag Thakur has said. “While speed with which the information is transmitted is imp

FM concludes pre-budget consultations

Union minister for finance and corporate affairs Nirmala Sitharaman has concluded the pre-budget consultation meetings for Budget 2023-24 that were held from November 21 to 28 in the virtual mode. More than 110 invitees representing seven stakeholder groups participated in eight meetings sch

Coal production rises by 18% to 448 MT

The total coal production in the country stands at 448 million tonnes (MT) for the month of October 2022 which is 18% higher than the production of the corresponding period of last year. The growth of coal production from Coal India Ltd (CIL) is also more than 17%. The ministry of coal said

How to execute large-scale social impact projects

The number of social innovators and entrepreneurs has considerably increased recently in India. The idea of social entrepreneurship, which aspires to provide novel solutions for the world`s most critical social issues, is now receiving more attention. Challenges like overworked healthcare,

Plastic is no longer a waste management issue

Plastic is arguably the most ubiquitous material of our times. In this Age of Plastic, it might seem its use can’t go up any further – and yet it keeps going. Between 2000 and 2015, global production of plastic increased by a whopping 79%. The total mass of plastics on our planet is now twice t

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter