A Big Apex Court Hearing On Freedom Of Speech For Ministers

The Supreme Court on Monday posted the hearing of pleas referring to the bounds of the proper to freedom of speech and expression for prime public functionaries like a Minister of a State for November 15.

A five-judge Constitution bench headed by Justice S Abdul Nazeer observed that restrictions on the correct to Freedom of Speech and Expression under Article 19(1)(a) of the Constitution of India, 1950, are to be determined on a case-to-case basis.

The bench also comprised Justices BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna.

The case involves whether a minister can claim the correct to 'freedom of speech and expression' to talk contrary to the Central government's statute and policy.

The case was filed after the then province Minister and senior Samajwadi Party leader Azam Khan made an alleged statement terming the Bulandshahr gang-rape case as a 'political conspiracy and zip else' to defame the previous Samajwadi Party government.

In April 2017 when the matter was spoken a five-judge Constitution bench, advisor had told the court that the ministers are bound by the constitutional mandate of collective responsibility and can't speak contrary to government policy.

In December 2016, the Supreme Court accepted Khan's unconditional apology in reference to the Bulandshahr gang-rape case.

The survivors had filed a petition before the court seeking action against Khan.

The top court had asked if a functionary could make personal comments contrary to government policy on sensitive issues, causing distress.

The incident passed off earlier on the intervening night of 29-30 July when a 35-year-old woman and her minor daughter were allegedly gang-raped by a bunch of robbers in Bulandshahr district after they were on their way from Noida to Shahjahanpur with the opposite members of the family when their vehicle was stopped near a cycle repairing shop in Dostpur village on NH-9, which connects Noida and Bulandshahr.