SC 'prima facie' agrees with Parliament resolution against Katju

New Delhi, Aug 3

The Supreme Court said on Monday that prima facie it could find no fault with Parliament resolutions against former Supreme Court judge Markandey Katju his for blog against Mahatma Gandhi and Subhas Chandra Bose.

"Once you (Katju) express your views in public domain, you have to accept the criticism. You don't say that 'oh, I am condemned.' Institutions like Parliament can also disagree with you," a three-judge bench headed by Justice TS Thakur said.

The bench, which appointed jurist Fali S Nariman as an amicus curiae (friend of the court), also said: "Prima facie, it seems that Parliament's resolutions do not cause any injury to reputation of Justice Katju."

Senior advocate Gopal Subramaniam, appearing for the former the Press Council of India Chairperson, said Katju is entitled to his views, which are backed by many historians and the Lok Sabha and the Rajya Sabha condemned him for his statements without even giving him a hearing.

Justice Katju, in one of his blogs, had called Gandhi “a British agent, and Subhas Chandra Bose “a Japanese agent."

"There is a freedom to say. Can the court say something him in a judgement without giving him a notice? " Subramaniam said, adding Katju’s fundamental right to life with dignity had been infringed upon when he was not given a hearing.

However, Subramaniam contended," Any citizen who voices an opinion cannot be condemned by an institution without following the principle of natural justice."

"You describe him (Gandhi) British agent. You describe Bose Japanese agent. Does it not amount to defamation? Once you write something of this kind then you should be ready to face criticism," the bench said.

"A person is entitled to his views, but if they are put in public domain, then he should be ready to face criticism and condemnation," the court said and asked Justice Katju to establish how his right to free speech has been infringed upon or his reputation harmed by Parliament's censure.

The term "deplorable" used by Parliament is not an imputation, it said, adding: "We do not want to say anything. Whatever is said on the floor of the House has the immunity.

We are not concerned."

"Can I be condemned at all? ...Can Parliament condemn a non-member without according an opportunity. Right to reputation is an inalienable right," Subramaniam contended.

The Bench also sought assistance of Attorney General Mukul Rohatgi in the case.

Justice Katju has moved court for quashing of resolutions passed by both Houses of Parliament for calling Mahatama Gandhi and Subhash C Bose as British and Japanese "agents" respectively. — PTI