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Remarks on Gandhi, Bose: SC dismisses Katju’s appeal against Parliament resolution

The court remained unimpressed with Katju's arguments that the Parliament could not have passed the resolution without hearing him.

Written by Utkarsh Anand | New Delhi | Updated: December 15, 2016 1:54 pm
Supreme court, Markandey Katju, Katju, Supreme court Katju, Katju's comments, Katju on Mahatma Gandhi, Katju comment on Subhash Chandra Bose, Supreme court, CS, SC katju, india news, indian express news The court, however, held his petition to be maintainable in law. (File photo)

The Supreme Court on Thursday dismissed an appeal by its former judge Markandey Katju against resolutions by both the houses of the Parliament condemning him for his comments over Mahatma Gandhi and Subhash Chandra Bose.

The court, however, held his petition to be maintainable in law, which lays down an important legal principle : The Supreme Court has the authority to judicially review even the resolutions passed by the Parliament and that they are not immune.

But it remained unimpressed with Katju’s arguments that the Parliament could not have passed the resolution without hearing him. He wanted the resolutions to be quashed.

In March 2015, both the houses had passed resolutions condemning the former Press Council of India chairperson for his blog post in which he called Gandhi “a British agent” and Bose “a Japanese agent”. Justice Katju claimed the resolutions curtailed his right of free speech and harmed his reputation.

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  1. B
    Dec 15, 2016 at 7:50 am
    Katju fails to understand the sentiment of M and in turn what is justice. Certain code of conduct if accepted by a group of people , May be nation or may be Religion or any organisation becomes act for this group. One individual view not matching with this common view can not be the law for this group. That is the basis of law. Country to country law differs because it is framed as per the understanding of that group. Why Katju is not understanding this simple basic. Really This mad fellow should be given any public importance at all
    1. S
      Suresh Hattangadi
      Dec 15, 2016 at 8:01 am
      SC is now going to examine resolutions ped by Parliament and states that they are not immune from this.It appears SC does not want to give up opportunity to examine powers of the other organs of state while it merrily encroaches on the domain of these organs.Our legal luminaries should collectively examine this overweening atude of present SC judges and find a legal solution to it.
      1. M
        Dec 15, 2016 at 6:58 am
        Without listening his views/reasoning, it is unfair to dismiss his peion.
        1. John Abram
          Dec 15, 2016 at 7:40 am
          Well, if he can write a blog and say those things...he may as well explain his point writing another blog!
          1. P
            Parth Garg
            Dec 15, 2016 at 8:15 am
            Taking undue advantage of his being a former judge Katju is seeking to subvert the social fabric of the country. There is a need to severely chastise him/ reprimand him or even punish him for insulting the national heroes.
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