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

Rethinking policy framework to address animal-human conflict and animal welfare

Animal welfare requires as much a structured policy approach as do other sectors in India. Conflict that exists today is due to lack of an integrated policy approach which in turn exacerbates the conflict and instigates public health crises. The Indian Constitution already recognises the importance of anim

Mobile phones in classroom: redirect, not eliminate

In this era of AI and classrooms filled with students glued to their cellphones, there is a need to focus on redirecting, but not eliminating, the distraction. While there is no doubt that we need to go back to the older ways of teaching such as taking oral viva exams, practicing ‘sthithprajana&rsquo

Four Labour Codes come into effect to simplify, streamline labour laws

Four Labour Codes - the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020 have come into effect , rationalising 29 existing labour laws. By modernising labour regulations, enhancing workers` welf

Governance as ‘cyborg’: Rethinking AI rules through philosophical lens

In the world of science fiction, the cyborg, a hybrid of human and machine, often evokes fascination and fear. However, American scholar Donna Haraway conceptualises cyborg as more than a futuristic body; it is a philosophical lens, a way of thinking about identity, agency, and responsibility in a world wh

The process, not the verdict, is often the real punishment

When we talk about criminal justice in India, most people think about the final verdict — whether someone is found guilty or innocent. But for many ordinary Indians, punishment is not in the verdict, but in the process itself. The waiting, the uncertainty, the endless hearings, and the years spent be

Pollution control isn`t charity; it`s strategic economic investment

Every winter, as air pollution shrouds Indian cities from Delhi to Kolkata, public debate converges on the costs: the crores spent on air purifiers, water sprinklers and stubble management, the outlay for waste treatment plants and new green technology. Environmental clean-up is framed as a fiscal burden,

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