×
E-PAPER ▾

E-paper

Nation

Min’s right to free speech under apex court lens

| | New Delhi

For the first time, the Supreme Court will set out to decide whether a Minister of a State or Central Government can be allowed immunity under right to free speech to make any comment on any issue or can such comment fasten responsibility on the respective Government he represents under the principle of collective responsibility.

The Court framed this question for consideration by a Constitution Bench and sought the views of top legal brains Fali S Nariman and Harish Salve to assist as amicus curiae in settling this law. The next hearing of the case is fixed for May 2.

The issue emerged following a comment made by former Uttar Pradesh Minister Azam Khan who commented upon the Bulandshahr rape case as a conspiracy hatched by Opposition to defame his Government. The victims in the case through their nearest kin approached apex court to seek transfer of the case outside the State.

While Khan apologised to the apex court and got away, the Bench headed by Justice Dipak Misra wished to know whether a person holding a public office can make a comment violating or infringing the fundamental right of another citizen.

Attorney General Mukul Rohatgi who appeared for UP Government maintained that a Minister is free to give his comment. But Salve objected claiming that free speech has to be exercised by a citizen without harming right to liberty, dignity, privacy, gender equality of another citizen. Under collective responsibility, a Minister must be seen to espouse the Government’s view and should be restrained from making personal comments.

 
 
 

TOP STORIES

Sunday Edition

View All

Lynch protest: police fire in air, Sec 144 imposed in four areas

21 May 2017 | PTI | Jamshedpur

Protest against lynching of four persons intensified today and the police had to fire in the air to disperse a mob, while prohibitory orders under Section 144 were imposed in four areas here for tonight. Police fired in the air to disperse a mob that blocked roads in Mango area, demanding arrest of culprits involved in the lynching of four persons of a community at Rajnagar in Seraikela-Kharswan district on Thursday...

Read More

STATE EDITIONS

View All

ED sleuths raid three stores, seizes Rs68L

24 May 2017 | PNS | Dehradun

Acting on information received on stacking of foreign exchange in violation of rules, possession of assets disproportionate to sources of income and unaccounted- for money and others, the vigilance sleuths of Enforcement Directorate reportedly swooped down on a well-known chain of shops- Kumar Store- located at Nashvila Road, GMS Road and Rajpur Road in Dehradun on Tuesday. The raids started from 1 pm and continued till evening...

Read More

Page generated in 0.312 seconds.