The supreme court bench headed by CJ T.S Thakur told former SC Judge Markandeya Katju that it was prime-facie of view that the resolution passed by both the houses of parliament against him in March 2015 for calling Mahatma Gandhi ‘ a British agent’ and Netaji Bose ‘a Japanese agent’ was only a strong expression condemnation and it did not curtail any of his fundamental rights.
Katju had filled a petition in SC for quashing of the resolution passed against him on the ground that it infringed his fundamental rights conferred under Article 19(1)(a) (freedom of speech and expression) of Indian constitution . He also said that it had harmed his reputation as well.
Katju’s lawyer Gopal Subramanian argued that he was condemned without being given a opportunity to be heard.
The bench also heard to senior lawyer Fali S Nariman who is appointed as amicus curiae in this case. He stated that ”the resolution is only an expression of strong disagreement and was not even in the nature of censure and hence did not warrant quashing.But the statement , remember is coming from a retired judge of the supreme court and not an ordinary citizen. People take it seriously… they get interested. If somebody like me says such things people will only say it is his own opinion. That is not the case with a former judge of the highest court of the land”.
After hearing to Nariman the bench said that it would like to hear Attorney General Mukul Rohatgi’s view regarding this issue. The next hearing is scheduled on 28th of April.
By – Spandana Nagesh