Ensuring Frivolity is Filtered: Supreme Court’s Stand on Artistic Expression
by C. George Thomas* and Ansh Mittal**
freedom of speech
“FIR against Arnab Goswami a tool for intimidating & silencing independent journalism”; Rajasthan High Court allows stay application
“The selective initiation of criminal proceedings against the Petitioner while similar reports were aired by various media houses raises a serious question about the impartiality of the investigation and its underlying motive.”
Bar Council of India cannot ostensibly pass any gag order which takes away an Advocate’s fundamental right: Karnataka HC
The Court further stated that power of the Courts either competent Civil Court or Constitutional Court cannot be permitted to be usurped by the Chairman of the Bar Council of India, as was done in the instant case.
Calling a person corrupt per se defamatory ; Himachal Pradesh High Court sets aside the Trial Court order
“Granting the right to abuse and defame a person will not make a democracy healthy and vibrant but will turn it into a mudslinging arena where the opposition and dissent will be crushed by abuses and slurs.”
Supreme Court Constitution Bench Yearly Roundup 2023 | Article 370; Same sex marriage verdict; Maharashtra Political Crisis; Demonitisation verdict; Jalikattu; and more
This year was very busy for the Supreme Court’s Constitution Bench as it dealt with the maximum number of cases and decided major matters like Article 370; Same sex marriage; Maharashtra political crisis; and more
Supreme Court January 2023| Note Ban; Free Speech; Euthanasia; Delhi versus Centre; Haldwani Eviction, Dissents, Did You Know Facts, & more
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of Demonetisation; Freedom of Speech of Ministers; Guidelines to withhold life support of a terminally ill patients; Tussle between Delhi Government and Centre, and more. It also covers reports on Justice SA Nazeer’s retirement; the career trajectory & important decision of Justice CT Ravikumar; Explainers on important law points; five ‘Did You Know’ facts; Cases Reported in SCC Weekly in the month of January; and a throwback from SCC Archives.
Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained
The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.
Justice S. Abdul Nazeer Retires- Throwback to a Career of Four Decades
After an extensive tenure of 6 years, Justice S. Abdul Nazeer retires today. During this time, Justice Nazeer had been a part of some path-breaking decisions such as- Right to Privacy, Triple Talaq, Ayodhya verdict etc. Justice Nazeer has also been the part of the Constitution Bench which decided upon the validity of Central Govt’s 2016 Demonetisation Scheme.
“Statement passed by a Minister cannot be vicariously attributed to the State”; Supreme Court Constitution Bench rules against imposing further restrictions on freedom of speech of Ministers
Supreme Court: A Constitution Bench of S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian & BV Nagarathna, JJ, delivered
Supreme Court September 2022| Abortion Rights to all ‘women’; Marital Rape; Pre-sentence hearing of death row convicts; Sidhique Kappan’s bail; Collegium Recommendation; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Unmarried persons’ right to safe abortion, Inclusion of ‘marital rape’ under Abortion laws, Journalist Sidhique Kappan’s bail; Constitution Bench’s opinion on Doctrine of Precedents; Reference of question relating to Pre-sentence hearing of death row convicts; Explainers on important law points; Collegium Recommendation; and more
Expert Committee submits report before Supreme Court in Pegasus Spyware case; Matter to be heard after 4 weeks
Supreme Court: After the Technical Committee and the Overseeing Judge submitted their reports in the Pegasus Spyware case, the 3-judge bench of
Prophet Remark Row| All FIRs against Nupur Sharma clubbed; Read why Supreme Court refused to form SIT
Supreme Court: The bench of Surya Kant and JB Pardiwala, JJ has, in a relief to politician and lawyer Nupur Sharma, has
Criminal justice machinery relentlessly employed against Zubair; process itself has become a punishment: SC
The Court refused to bar Mohd Zubair from tweeting as it would amount to an unjustified violation of the freedom of speech and expression, and the freedom to practice his profession
Prophet Remark Row| Here’s why Supreme Court has stayed Nupur Sharma’s arrest for now
Supreme Court: After politician and lawyer Nupur Sharma approached the Court claiming that there is an imminent necessity for the Court to
Supreme Court grants bail to Mohammed Zubair in all FIRs against him; All cases from UP transferred to Delhi
Multiple FIRs have been registered against Alt News co-founder and fact checker Mohammed Zubair for allegedly hurting religious feelings through his tweet.
Supreme Court to hear Mohd Zubair’s plea challenging multiple FIRs on July 20; “No precipitate steps” against him till then
Supreme Court: When the matter relating to multiple FIRs being registered against Alt-New co-founder and fact checker Mohammed Zubair was urgently mentioned
Statement that Kashmir is under occupation of armed forces and people of Kashmir reduced to slaves, will be protected under Right to Freedom of Speech and Expression?J&K and Ladakh HC answers
Jammu and Kashmir and Ladakh High Court: Stating that, the intention of a person can be gathered from the words spoken or
Utt HC | Right to freedom, as granted under the Constitution is not an absolute right; Court rejects bail in Hate Speech matter
Uttaranchal High Court: Ravindra Maithani, J., rejected a bail application which was filed by the applicant who was in judicial custody under
Surveillance versus right to privacy| Five unmissable quotes from the Pegasus Order
“If you want to keep a secret, you must also hide it from yourself.” George Orwell, 1984 Supreme Court: The 3-judge bench of NV Ramana, CJ and Surya Kant and Hima Kohli, JJ has appointed an Expert
Pegasus| ‘National security cannot be the bugbear that the judiciary shies away from’. Here’s why the initially reluctant Supreme Court finally decided to interfere
“The free flow of information from the Petitioners and the State, in a writ proceeding before the Court, is an important step towards Governmental transparency and openness, which are celebrated values under our Constitution.”