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

Report of India’s G20 Task Force on Digital Public Infrastructure released

The final ‘Report of India’s G20 Task Force on Digital Public Infrastructure’ by ‘India’s G20 Task Force on Digital Public Infrastructure for Economic Transformation, Financial Inclusion and Development’ was released in New Delhi on Monday. The Task Force was led by the

How the Great War of Mahabharata was actually a world war

Mahabharata: A World War By Gaurang Damani Sanganak Prakashan, 317 pages, Rs 300 Gaurang Damani, a Mumbai-based el

Budget expectations, from job creation to tax reforms…

With the return of the NDA to power in the recently concluded Lok Sabha elections, all eyes are now on finance minister Nirmala Sitharaman’s full budget for the FY 2024-25. The interim budget presented in February was a typical vote-on-accounts, allowing the outgoing government to manage expenses in

How to transform rural landscapes, design 5G intelligent villages

Futuristic technologies such as 5G are already here. While urban users are reaping their benefits, these technologies also have a potential to transform rural areas. How to unleash that potential is the question. That was the focus of a workshop – “Transforming Rural Landscape:

PM Modi visits Rosatom Pavilion at VDNKh in Moscow

Prime minister Narendra Modi, accompanied by president Vladimir Putin, visited the All Russian Exhibition Centre, VDNKh, in Moscow Tuesday. The two leaders toured the Rosatom Pavilion at VDNKh. The Rosatom pavilion, inaugurated in November 2023, is one of the largest exhibitions on the histo

Let us pledge to do what we can for environment: President

President Droupadi Murmu on Monday morning spent some time at the sea beach of the holy city of Puri, a day after participating in the annual Rath Yatra. Later she penned her thoughts about the experience of being in close commune with nature. In a message posted on X, she said:

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