Supreme Court of India · 2016-12-15
Justice (Retd.) Markandey Katju vs The Lok Sabha & Anr
- Citation / case number
- AIR 2017 SUPREME COURT 1379
- Court
- Supreme Court of India
- Petitioner
- Justice (Retd.) Markandey Katju
- Respondent
- The Lok Sabha & Anr
- Author
- Uday Umesh Lalit
- Bench
- Uday Umesh Lalit, R. Banumathi, T.S. Thakur
Judgment text excerpt
The Supreme Court addressed the petition under Article 32 challenging the Resolutions passed by Rajya Sabha and Lok Sabha condemning the statements made by former Judge Markandey Katju regarding Mahatma Gandhi and Netaji Subhash Chandra Bose. The Court held that Article 19(1)(a) of the Constitution guarantees the freedom to hold and publicly express dissenting opinions, emphasizing the necessity of post decisional hearing in matters affecting individual rights. The Court directed that the petitioner should be given an opportunity to be heard before any further action is taken on the Resolutions.