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

Population Census

Nationwide pre-test for Population Census set for November

1 hour ago
Randhir Jaiswal

New Delhi rejects sanctions on Indian refinery, calls for fair energy trade

2 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

Ipsita

December 12, 2019
#MyPaperBagChallenge

Saishree Satyarupa

December 12, 2019
#MyPaperBagChallenge

Vandana Singh

December 12, 2019
#MyPaperBagChallenge

Sibarama Khotei

December 12, 2019
#MyPaperBagChallenge

Aman Kumar Barisal

December 12, 2019
#MyPaperBagChallenge

Sarfraz Ahmad

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

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Tapaswini Mallick

December 12, 2019
#MyPaperBagChallenge

Mandakini Dakua

December 12, 2019
#MyPaperBagChallenge

Archit Mohapatra

December 12, 2019
#MyPaperBagChallenge

Geetanjali Patro

December 12, 2019
#MyPaperBagChallenge

Pratyasharani Ghibela

December 12, 2019
#MyPaperBagChallenge

Sitakanta Mohanty

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Anshuman Sahoo

December 12, 2019
#MyPaperBagChallenge

Chinmay Kumar Routray

December 12, 2019
#MyPaperBagChallenge

Swarit Praharaj

December 12, 2019
#MyPaperBagChallenge

Anasuya Sahoo

December 12, 2019
#MyPaperBagChallenge

Priyabrata Mohanty

December 12, 2019
#MyPaperBagChallenge

Archana Parida

December 12, 2019
#MyPaperBagChallenge

Adyasha Priyadarsani Sendha

December 12, 2019
#MyPaperBagChallenge

Lopali Pattnaik

December 12, 2019
#MyPaperBagChallenge

Pragyan Priyambada

December 12, 2019
#MyPaperBagChallenge

Jhili Jena

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar Ghibela

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Akriti Negi

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Akshaya Kumar Dash

December 12, 2019

Archives

Editorial

Historic Deal

Trump, Netanyahu
October 15, 2025

There is no doubt the way fighting in Gaza was ended and a peace process set in motion in the...

Read moreDetails

Peacemakers

Trump-Maria
October 14, 2025

There is rejoicing as peace has started to return to the heart of the war-ravaged Middle East, and a ceasefire...

Read moreDetails

Afghanistan As Friend

Afghanistan
October 13, 2025

Some politicians and feminists are screaming that it is outrageous that the Taliban could display its misogyny on Indian soil...

Read moreDetails

Stalled Promise

October 12, 2025

Thirty five years ago, India chose to go down two paths, on both of which it remains. The first path...

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