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" ..it is unwritten rule & part of our constitutional culture that people holding public office should maintain restraint and not say things which are disparaging, and this must be inculcated in political and social set up", the Supreme Court remarked today while reserving its judgment.
A Constitution Bench of the Supreme Court today reserved its judgment in the pleas relating to freedom of speech of public functionaries.
Justice BV Nagarathna made an observation that a constitutional restriction should be inculcated in the political society which would stop them from indulging in hate speech.
When Attorney General R Venkataramani told the court that the matter should be taken up by the Parliament for consideration, Justice Nagarathna said,
"The reason why there has been no legislation all this while because there has always been a self imposed restriction.Now the impression is that such restriction is slowly going away and that is why there is a need to look into it, this is the object of this case."
To this the AG said, "I am not disputing that. My question is how do we address it, therefore my suggestion is that parliament should look into it, if there is a need for a law.."
When the matter was taken up, Amicus Curiae appointed in the matter, told the five-judge bench led by Justice Abdul Nazeer that the case could be heard by a regular bench.
Supporting this suggestion, the AG said, "Some of the questions are framed in an abstract way... The matter can be fixed for formulating a positive law and the narrow concept can be taken up by a division bench."
On the Centre's reference to the judgments in Tehseen Poonawalla and Amish Devgan cases, the Court was told by petitioner Advocate Kaleeswaram Raj that both the judgments were pronounced on the abstract aspect of free speech, and not specifically on hate speech by public functionaries.
"How do we balance? Can an MP/MLA continue making such disparaging remarks?", Raj asked.
Court was further told by the petitioner that there had been a grave increase in the number of hate speech and more than 50% of it is by public functionaries and this cannot be undone by simply saying that it is an academic matter.
Hearing this, the AG said, "A road map has been given by courts over time which can be applied. The government will look into it, this is a positive law matter...but for an MP's statement, the government cannot be held vicariously liable."
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