Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Disparaging statement by minister can be vicariously attributed to government if made in official capacity: Justice BV Nagarathna

PTI
Updated: January 3rd, 2023, 18:07 IST
in National, Prime News
0
Justice BV Nagarathna

Photo courtesy: Bar and Bench

Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: A hate speech strikes at the foundational values of our Constitution, Supreme Court judge Justice BV Nagarathna said Tuesday. Justice BV Nagarathna held that such statements can be vicariously attributed to the government in case a minister makes disparaging statements in his ‘official capacity’.

A Constitution bench of Justices SA Nazeer, BR Gavai, AS Bopanna and V Ramasubramanian, in a separate judgement, ruled that a minister’s statement cannot be attributed ‘vicariously’ to the government.

Also Read

Sudip Bandyopadhyay

Mamata Banerjee’s trusted aide Sudip Bandyopadhyay turns dissident

8 hours ago
Abhishek Banerjee

CID questions Abhishek Banerjee, Kunal Ghosh in signature forgery probe

8 hours ago

Writing a judgement expressing dissent on this issue, Justice Nagarathna said indiscreet speech is a cause of concern in the recent times as it is hurtful and insulting.

“Hate speech strikes at foundation values of the Constitution by marking society as unequal. It also violates the fraternity of citizens from diverse backgrounds. The sine qua non (essential condition) of a cohesive society is based on plurality and multi-culturalism such as India that is ‘Bharat’. Fraternity is based on the idea that citizens have reciprocal responsibilities towards one another,” Justice Nagarathna said.

Public functionaries and other persons of influence including celebrities are duty bound to be more responsible and restrained in their speech, Justice Nagarathna observed.

“They are required to understand and measure their words having regard to the likely consequences on public sentiment and behaviour and also be aware of the example they are setting on the fellow citizens to follow,” observed the senior judge.

Justice Nagarathna said it is for the party to control the speeches made by their ministers which can be done by forming a code of conduct. “Any citizen who feels attacked by such speeches made or hate speech by public functionary etc can approach court for civil remedies. It is for Parliament in its wisdom to enact a law to restrain public functionary from making disparaging remarks against fellow citizens bearing in mind Articles 19(1)(a) and 19(2),” Justice Nagarathna said.

The top court judge said for a country like India which is a parliamentary democracy, freedom of speech and expression is a necessary right for ensuring a healthy democracy.

The court was hearing a plea filed by a man whose wife and daughter were allegedly gang-raped in July 2016 on a highway near Bulandshahr. He was seeking transfer of the case to Delhi and lodging of an FIR against then Uttar Pradesh minister Azam Khan for his controversial statement that the gang-rape case was a ‘political conspiracy’.

The judgement came on a question whether restrictions can be imposed on a public functionary’s right to freedom of speech and expression.

 

Tags: BV NagarathnaconstitutionDemocracyGovernmentHate speechjudgeministerSupreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Pragyan Priyambada

December 12, 2019
#MyPaperBagChallenge

Sisirkumar Maharana

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Narendra Kumar

December 12, 2019
#MyPaperBagChallenge

Debasis Mohanty

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Ankita Balabantray

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Manas Samanta

December 12, 2019
#MyPaperBagChallenge

Arya Ayushman

December 12, 2019
#MyPaperBagChallenge

Lopali Pattnaik

December 12, 2019
#MyPaperBagChallenge

Geetanjali Patro

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Nishikant Rout

December 12, 2019
#MyPaperBagChallenge

Mandakini Dakua

December 12, 2019
#MyPaperBagChallenge

Smitarani Sahoo

December 12, 2019
#MyPaperBagChallenge

Adrita Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

Sarfraz Ahmad

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Swarit Praharaj

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
#MyPaperBagChallenge

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Sibarama Khotei

December 12, 2019

Archives

Editorial

Mapping New India

June 14, 2026

Aakar Patel   A ‘New India’ has come upon us at such a rapid pace that it is important to...

Read moreDetails

Equality Rules Supreme

Dilip Cherian
June 13, 2026

By Dilip Cherian Retired Haryana-cadre IAS officer Ashok Khemka has secured a significant legal victory, with the Punjab and Haryana...

Read moreDetails

Two-Man Drama

Netanyahu to meet Trump
June 10, 2026

The renewed exchange of missiles between Israel and Iran through June 8-9 is ample evidence of instability continuing in the...

Read moreDetails

Deifying Dollar

Donald Trump
June 9, 2026

US President Donald Trump’s craving for long-lasting fame is well known. It assumed scandalous proportions while he was pursuing the...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST