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

The 7% growth problem: Why the next 7% will be harder

India has become accustomed to hearing the 7% growth number. It is now less a milestone than an expectation. Yet the paradox is becoming clearer: maintaining 7% growth may be considerably harder than achieving it once. India’s real GDP grew 7.7% in FY2025–26, following growth of 6.5% in FY202

The Constitution cannot be altered: Justice Abhay Oka

Justice Abhay Oka, who retired from the Supreme Court in May 2025, has said that the Constitution of India cannot be altered. Explaining the landmark Kesavananda Bharati judgment (1973) on the basic structure of the Constitution, he said, “This is one judgment that has saved democracy in India.&rdq

How the flora and fauna evolved in the Indian subcontinent

Mammals of India  By A.J.T. Johnsingh and P.O. Nameer HarperCollins India in association with Bombay Natural History Society  

India`s renewable race is moving beyond megawatts

When Shell bought Sprng Energy in 2022, India`s renewable energy market appeared to offer precisely what global energy majors were seeking: scale, growth and a place in one of the world`s largest energy transitions. Four years later, Shell is selling the same business to Aditya Birla Group for an enterpris

Nepal Floods: India keeps close watch on the situation

India`s central government has been keeping a close watch on the situation arising out of the flash flood in Nepal on Wednesday. Union home minister Amit Shah spoke with the chief ministers of Bihar and Uttar Pradesh, the two states that share the border with Nepal, regarding the disaster

UPI completes 10 years of digital payments revolution

The Unified Payments Interface (UPI), launched on August 25, 2016 by the National Payments Corporation of India (NPCI) under the regulatory oversight of the Reserve Bank of India (RBI), has completed 10 years of transforming digital payments in India. UPI has emerged as the backbone of India’s digi

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter