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Source: Times of India
The Supreme Court on Friday disapproved of social scientist Ashish Nandy's controversial remarks on corruption among backward sections at the Jaipur Literature Festival but gave him protection from arrest following a spate of FIRs in several states.
Though the court entertained Nandy's petition and issued notices to the Union home ministry and states where police have registered FIRs — Rajasthan, Maharashtra, Bihar, Uttar Pradesh and Chhattisgarh — it was critical of Nandy's remarks and told him to desist from such statements in future.
'Can't go on making such statements'
A bench of Chief Justice Altamas Kabir and Justices AR Dave and Vikramjit Sen asked senior advocate Aman Lekhi, "Why does he make a statement like this? You must tell your client that he cannot continue making statements like this."
Immediate clarification that the social scientist had no intention of hurting sentiments made the bench caution him, "Whatever his intentions be, he cannot go on making such statements."
Even before Lekhi could start arguing on behalf of Nandy, an advocate claiming to be a member of the dalit community stood up to oppose any protection to Nandy from arrest because of his "irresponsible and defamatory" statement. The bench asked him to file an application so that the court could deal with it.
Lekhi said since Nandy's remarks had no intention to cause hurt to scheduled castes, scheduled tribes or other backward classes (OBCs), no offence was made out under the SC, ST (Prevention of Atrocities) Act and sought quashing of the FIRs registered in many states.
"Can the law penalize an idea," Lekhi began with a question. But it received a short and crisp "yes" from the court. The counsel then resorted to right to freedom of speech and expression guaranteed under Article 19 of Constitution, but it did not help Nandy's cause.
Finding the going tough, Lekhi changed track and said Nandy had tendered an apology immediately after he realized on January 26 itself that his statement was being reported out of context in the media.
The CJI, speaking on behalf of the bench, made the counsel understand the gravity of the situation created by Nandy. "Even before you opened the argument, a member of the scheduled caste community stood up to say he opposes your plea. This shows the extent to which they are hurt," Justice Kabir said.
"Every citizen has right to free speech but not at the cost of others. We are not at all happy with the way the statement was made. Why do you make such a statement in the first place," the bench said.
Lekhi narrated how Nandy had been a supporter of the dalit cause and explained that the corruption comment in Jaipur was an idea to explain it. "He meant to say when others indulge in corruption, it is not taken note of but when dalits do it, it gets noticed," Lekhi said and reiterated that Nandy never meant to cause hurt.
The bench said, "Why do you say something when you don't intend to convey it? It affects people all over."
Lekhi said the media reported Nandy's comments out of context and then politicians jumped in to create hysteria. The CJI asked, "Who has created it? Who is the author of the statement?"
The bench asked the respondents to file their responses within four weeks and ordered that in the meantime, Nandy would not be arrested in connection with any of the FIRs lodged following his statement at the Jaipur Literature Festival on January 26.
Supreme Court gives relief and an earful to Ashis Nandy
By Dhananjay Mahapatra, TNN | Feb 2, 2013The Supreme Court on Friday disapproved of social scientist Ashish Nandy's controversial remarks on corruption among backward sections at the Jaipur Literature Festival but gave him protection from arrest following a spate of FIRs in several states.
Though the court entertained Nandy's petition and issued notices to the Union home ministry and states where police have registered FIRs — Rajasthan, Maharashtra, Bihar, Uttar Pradesh and Chhattisgarh — it was critical of Nandy's remarks and told him to desist from such statements in future.
'Can't go on making such statements'
A bench of Chief Justice Altamas Kabir and Justices AR Dave and Vikramjit Sen asked senior advocate Aman Lekhi, "Why does he make a statement like this? You must tell your client that he cannot continue making statements like this."
Immediate clarification that the social scientist had no intention of hurting sentiments made the bench caution him, "Whatever his intentions be, he cannot go on making such statements."
Even before Lekhi could start arguing on behalf of Nandy, an advocate claiming to be a member of the dalit community stood up to oppose any protection to Nandy from arrest because of his "irresponsible and defamatory" statement. The bench asked him to file an application so that the court could deal with it.
Lekhi said since Nandy's remarks had no intention to cause hurt to scheduled castes, scheduled tribes or other backward classes (OBCs), no offence was made out under the SC, ST (Prevention of Atrocities) Act and sought quashing of the FIRs registered in many states.
"Can the law penalize an idea," Lekhi began with a question. But it received a short and crisp "yes" from the court. The counsel then resorted to right to freedom of speech and expression guaranteed under Article 19 of Constitution, but it did not help Nandy's cause.
Finding the going tough, Lekhi changed track and said Nandy had tendered an apology immediately after he realized on January 26 itself that his statement was being reported out of context in the media.
The CJI, speaking on behalf of the bench, made the counsel understand the gravity of the situation created by Nandy. "Even before you opened the argument, a member of the scheduled caste community stood up to say he opposes your plea. This shows the extent to which they are hurt," Justice Kabir said.
"Every citizen has right to free speech but not at the cost of others. We are not at all happy with the way the statement was made. Why do you make such a statement in the first place," the bench said.
Lekhi narrated how Nandy had been a supporter of the dalit cause and explained that the corruption comment in Jaipur was an idea to explain it. "He meant to say when others indulge in corruption, it is not taken note of but when dalits do it, it gets noticed," Lekhi said and reiterated that Nandy never meant to cause hurt.
The bench said, "Why do you say something when you don't intend to convey it? It affects people all over."
Lekhi said the media reported Nandy's comments out of context and then politicians jumped in to create hysteria. The CJI asked, "Who has created it? Who is the author of the statement?"
The bench asked the respondents to file their responses within four weeks and ordered that in the meantime, Nandy would not be arrested in connection with any of the FIRs lodged following his statement at the Jaipur Literature Festival on January 26.
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