New Delhi: The Supreme Court today reserved its verdict on a petition by former top court judge Justice Markandey Katju seeking the quashing of resolutions passed by both Houses of Parliament condemning his statement.
In March last year, both Houses of Parliament had passed a resolution after Justice Katju described Mahatma Gandhi as a British agent and Netaji Subhas Chandra Bose as a Japanese agent in his blog.
The Supreme Court also heard the views of Attorney General Mukul Rohatgi in his personal capacity, who said that the petition should be dismissed as it was not maintainable. Mr Rohatgi also said that if allowed to go ahead, it will set a precedent of similar cases in the future.
The former judge had filed a case against both Houses of Parliament last year alleging that he had been denied the right and opportunity to be heard before passing the resolution.
"This was a censure motion and indictment by Parliament and so they had to give the former judge a right to be heard before passing it," Gopal Subramanium, Justice Katju's lawyer, had informed the court yesterday.
The Supreme Court had in the past hearing the case told the former judge that "those who criticise must be open to criticism from others also." The bench had said that "they (Parliament) have as much right to say what they want just as you have a right to say what you want subject to limitations of law."
In March last year, both Houses of Parliament had passed a resolution after Justice Katju described Mahatma Gandhi as a British agent and Netaji Subhas Chandra Bose as a Japanese agent in his blog.
The Supreme Court also heard the views of Attorney General Mukul Rohatgi in his personal capacity, who said that the petition should be dismissed as it was not maintainable. Mr Rohatgi also said that if allowed to go ahead, it will set a precedent of similar cases in the future.
"This was a censure motion and indictment by Parliament and so they had to give the former judge a right to be heard before passing it," Gopal Subramanium, Justice Katju's lawyer, had informed the court yesterday.
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