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Public Functionaries Are Part Of Citizens: Supreme Court!

By:  Tupaki Desk   |   3 Jan 2023 10:54 AM GMT
Public Functionaries Are Part Of Citizens: Supreme Court!
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Freedom of speech is a wonderful right the Indian Constitution granted to the citizens. People can say their views on any topic. But the right is often misused as people take it as an option to run hate speech. When it comes to legislators they make comments without any filter.

Earlier we have seen how an MLA made controversial comments about the Hindu community and raised many eyeballs. An MLA was arrested in connection with the alleged derogatory comments on the Prophet. He was released on bail recently after a court order.

Now the Supreme Court made some key comments on free speech. The Apex Court said that common people and legislators are the same and it can grant further restrictions on free speech. Hearing a petition the bench of the Supreme Court made these comments.

The Constitution Bench of the Supreme Court comprising Justices S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian, and BV Nagarathna made it clear that Article 19(2) is the same for one and all and the legislators cannot get further restrictions.

People holding Public offices should make sure that their free speech won’t turn into hate speech. As to how free speech is applied to the common people it goes the same with legislators too and both are the same.

"A mere statement made by minister inconsistent with the rights of the citizens may not be actionable as a constitutional tort but if it leads to omission or commission of offence by a public official then it is a constitutional tort," the bench said on the issue.

The Supreme Court made the comments while hearing a petition which seeks directives to restrict public representatives from making unwanted comments. This petition was filed by a person in connection with the comments made by a legislator.

A few years back Azam Khan who was a Cabinet Minister in Uttar Pradesh allegedly made some unwanted comments about gang rape victims. In connection with the case, the Court made these comments. Let us hope that the verdict given by the Supreme Court would stop legislators from making unwanted comments such as free speech.