Ummid Assistant

Applications open for Manmohan scholarship at Cambridge

Opportunities for Indian students in US

Welcome Guest! You are here: Home » National

Apex court prevents Nandy's arrest, advises him to speak carefully

Friday February 01, 2013 08:21:48 PM, IANS

Related Article

Ashis Nandy booked under SC/SC Act

Renowned sociologist Ashis Nandy was Saturday booked here under the SC/ST Act for his comment at a session at the Jaipur Literature Festival that Dalits, tribals and other backward classes (OBCs) are more linked to corruption, police  »

Nandy says backward classes are corrupt; Dalit leader upset

SC agrees to hear Ashis Nandy's plea

New Delhi: The Supreme Court Friday restrained Rajasthan Police from arresting sociologist Ashis Nandy against whom FIRs have been filed for making uncharitable comments about Scheduled Castes, Scheduled Tribes and Other Backward Classes but asked him to be careful in his statements.

A bench of Chief Justice Altamas Kabir, Justice Anil R. Dave and Justice Vikramajit Sen also issued notice to the central and Rajasthan, Maharashtra, Chhattisgarh and Bihar governments on Nandy's petition seeking to restrain any action on the spate of FIRs filed against him. The notice is returnable in four weeks.

Staying his arrest, the court, however, said that Nandy had no licence to make statements that hurt others.

"Advise your client that he has no right to make such comments," Chief Justice Kabir told counsel Aman Lekhi appearing for Nandy.

Told that Nandy did not intend to denigrate any section of society, the court said: "Forget about intentions, and be careful."

When Lekhi asked if law could penalize an idea, Chief Justice Kabir snapped back: "Yes, why not. When it (an idea) is not in public interest."

Asked whether Nandy was supporting the idea articulated by him, he said: "It is not a question of an idea but the way it is said."

"Each person has his ideas, but it should not disturb others. In the context of an idea, you can't go on making such remarks," Chief Justice Kabir said, adding that statements have to be made "in a responsible manner".

The FIRs were filed after Nandy, speaking at a panel discussion at the Jaipur Literary Festival Jan 26, contended that "corruption" was a leveller in India, and that long-deprived sections of society were turning to it too in a bid to wrest power and wealth forcibly from an established elite.

As Lekhi contended what has been attributed to Nandy was an idea not intended to denigrate any particular section of the society, the Chief Justice pointed to an advocate, from a weaker section of society, seeking permission to assist the court as he was aggrieved by Nandy's comments. This advocate was asked to file his application and the court would consider it.

Lekhi came in for some drubbing from the court when he submitted that a "hysteria is being created".

Not pleased with the submission, the court asked him: "Who is saying it? Don't say it."

"Has your client asked you to say it? Why are you saying it," the court asked.

To buttress his plea, Lekhi said that in a mature democracy there has to be some space for contrary views.

The counsel said that under the law that was only one FIR of an incident, but in this case FIRs have been filed in several places including Jaipur, Nashik, Raipur and Patna, adding that in one instance, a sedition case has been booked against Nandy.

Nandy had moved the apex court seeking quashing of a FIR against him by the Rajasthan government for making some controversial remarks against the marginalized sections of the society at the just concluded Jaipur literary festival.

Nandy, who has been charged with an offence attracting punishment for criminal intimidation and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has urged the court to issue necessary guidelines to ascertain what constitute an offence under the latter provision.

He has also sought guidelines by the apex court so this provision could not be "misused to hamper freedom of speech and expression and also to set out the circumstances in which alone the police officials may investigate and initiate penal action under the said Act".

The offence under Section 3(1)(x) is non-bailable and even anticipatory bail is denied under Section 18 of the act, the petition said.

Nandy has contended that the registration of the FIR by Rajasthan Police was "an abuse of law" and he was denied his fundamental rights under Article 14, 19 and 21 of the Constitution, because of the clamour for his immediate arrest from important political personalities including Bahujan Samaj Party chief Mayawati and SC/ST chairman P.L. Punia.




 




 

Home | Top of the Page

Comments

Note: By posting your comments here you agree to the terms and conditions of www.ummid.com

Comments powered by DISQUS

i

I

More Headlines

Minister raids school, teachers get the stick

On 10th death anniversary, school remembers alumna Kalpana Chawla

Rushdie not an author, is a 'satan': Trinamool MP

Diesel price to go up 40-50 paise a litre every month

New app lets users have sex with Facebook friends?

ICC Women's World Cup: India start campaign with convincing win

North Korea imposes martial law ahead of n-test

Check rights violations in Maharashtra: Activists urge NHRC chairman

SC agrees to hear Ashis Nandy's plea

Facebook outrage: Court drops charges against two women

Akhtar-Zeeshan earn a rare distinction in Davis Cup

 

Top Stories

No 'bad Muslims' in my film: Kamal Haasan

Actor-filmmaker Kamal Haasan Thursday said there are no "bad Muslims" in his movie "Vishwaroopam" but added there was no way he could portray terrorists as "white" characters.  »

Jayalalitha defends 'Vishwaroopam' ban, to sue Karunanidhi

'Vishwaroopam' ban in Tamil Nadu stays

Kamal Haasan threatens to move to 'secular state abroad'

Tamil Nadu theatre fire-bombed over "Vishwaroopam" screening

 

  Most Read

Dhule Violence: Changing Anatomy of Communal Violence

The mob burns the houses; mostly those of Muslims, few Hindu households are also burnt. Police did not entertain any FIR of the victims. Next day morning the area is washed clean to wipe   »

Indian rights situation slips: Human Rights Watch

India's human rights situation took serious turns for the worse with respect to civil society protections and sexual violence against women, Human Rights Watch said Friday. In its 665-page World Report  »

Check rights violations in Maharashtra: Activists urge NHRC chairman

 

  News Pick

Akhtar-Zeeshan earn a rare distinction in Davis Cup

Akhtar Ali has been part of Indian tennis for five decades -- first as a player and then as a successful coach. Now his son Zeeshan is following in his footsteps, doing   »

Facebook outrage: Court drops charges against two women

A Maharashtra court Thursday dropped all charges against two women who wrote comments on Facebook questioning the shutdown in the city after Shiv Sena patriarch Bal Thackeray's death Nov 17 last year   »

SC agrees to hear Ashis Nandy's plea

The apex court bench of Chief Justice Altamas Kabir, Justice Anil R. Dave and Justice Vikramajit Sen decided to take up Friday the plea by the academician after it was mentioned by counsel  »

Dhule professor beaten by Bajrang Dal, VHP activists

Angered by comments that hurt religious sentiments, local activists allegedly belonging to right wing Hindu organisations Bajrang Dal and Vishwa Hindu Parishad (VHP) on Wednesday brutally beat a college professor working at Dr Ambedkar College  »

 

Picture of the Day

Pradeep sings “Ae Mere Watan Ke Logon” before prime minister Jawaharlal Nehru at R.M. School, Mumbai, March 21, 1963. It is a song that is sung on every patriotic occasion, had moved India's first prime minister, Jawaharlal Nehru, to tears and its strong morale-boosting words provided solace to a nation agonized by the defeat in the 1962 India-China war.

 

Recommend the story to your friends

 

 
 
 
 
 
 
 
 

RSS  |  Contact us

 

| Quick links

News

 

Subscribe to

Ummid Assistant

 

National

Science & Technology

RSS

Scholarships

About us

International

Health

Twitter

Government Schemes

Feedback

Regional

History

Facebook

Education

Register

Politics

Opinion

Newsletter

Contact us

Business

The Funny Side

Education & Career

 

 

Ummid.com: Disclaimer | Terms of Use | Advertise with us | Link Exchange

Ummid.com is part of the Awaz Multimedia & Publications providing World News, News Analysis and Feature Articles on Education, Health. Politics, Technology, Sports, Entertainment, Industry etc. The articles or the views displayed on this website are for public information and in no way describe the editorial views. The users are entitled to use this site subject to the terms and conditions mentioned.

© 2012 Awaz Multimedia & Publications. All rights reserved.