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New Delhi:
Fair criticism of judgement is permissible in regulation however an individual can not exceed the correct of freedom of speech and expression assured below the Constitution to “scandalize the institution”, the Supreme Court mentioned on Monday.
The court docket mentioned that when freedom of speech is sought to be abused and it has the impact of scandalising the establishment as an entire and the individuals who’re a part of the mentioned establishment can not defend themselves publicly, the identical can’t be permitted in regulation.
“Though there is a freedom of speech, freedom is never absolute because the makers of the Constitution have imposed certain restrictions upon it. Particularly when such freedom of speech is sought to be abused and it has the effect of scandalising the institution as a whole and the persons who are part of the said institution and cannot defend themselves publicly, the same cannot be permitted in law,” mentioned a bench comprising Justices Arun Mishra, B R Gavai and Krishna Murari.
It mentioned “Though a fair criticism of judgment is permissible in law, a person cannot exceed the right under Article 19(1)(a) of the Constitution to scandalize the institution.”
The bench famous that allegations made within the matter have been “scandalous” and have been “capable of shaking the very edifice of the judicial administration and also shaking the faith of common man in the administration of justice”.
The remarks have been made by the bench which imposed a “nominal fine” of Re 1 on activist lawyer Prashant Bhushan in a contempt case by which he was convicted on August 14 for his two derogatory tweets towards the judiciary.
It mentioned that argument raised by senior advocate Rajeev Dhavan, who appeared for Mr Bhushan, that free speech is a part of Article 19(1)(a) of the Constitution can’t be disputed.
“However, we are not convinced that while exercising power under Article 129 of the Constitution, we are interfering with the rights under Article 19(1)(a) of the Constitution. Supreme Court being a court of record can punish for contempt,” it mentioned.
The bench mentioned it can’t be disputed that free speech is important to democracy, but it surely can not denigrate one of many establishments of the democracy.
“No doubt, one is free to form an opinion and make fair criticism but if such an opinion is scandalous and malicious, the public expression of the same would also be at the risk of the contempt jurisdiction,” the bench mentioned in its verdict.
It mentioned rights below Article 19(1) of the Constitution are topic to cheap restrictions and rights of others can’t be infringed within the course of.
“However, the members of the public are required to abstain from imputing improper motives to those taking part in the administration of justice. Right to fair criticism is contrasted against acting in malice or attempting to bring down the reputation of the institution of administration of justice,” it mentioned.
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