Larger SC bench to decide on right to free speech

A five-judge Constitution Bench of the Supreme Court is likely to examine whether right to free speech and expression guaranteed under the Constitution will include the right to insult other person’s right to dignity, protected under Article 21.

A three-judge Bench of Justices Dipak Misra, A.M. Kanwilkar and M.M. Shantanagouder, while giving this indication, asked senior lawyers Fali Nariman and Harish Salve, amicus curiae in this case, to give the propositions of law which should be adjudicated by the larger bench.

The bench was dealing with a writ petition filed by the victim of Bulandshahar gang rape last year seeking a CBI probe and to initiate action against former UP minister Azam Khan for making statemens affecting the rights and dignity of the victim. As Azam Khan tendered an apology, action against him was dropped but the bench decided to examine the larger issues involved in the matter.

In the last hearing, attorney-general Mukul Rohatgi made it clear to the court that a politician cannot be prosecuted for airing his “personal views” as there can’t be a moral code of conduct that can be enforced. Referring to Azqm Khan’s statement that the rapes did not happen even before an FIR was registered, the A-G said “such a statement can be made as a free speech. You can’t have a moral code of conduct.” The A-G insisted that the court cannot prosecute anybody for such comments as a politician may genuinely hold these views.