Justice Katju moves Supreme Court against Lok Sabha
Parliament has violated his right to freedom of speech and expression
New Delhi: In an unusual move, former apex court judge Markandey Katju on Monday challenged in the Supreme Court the resolutions passed by Lok Sabha and Rajya Sabha in March this year condemning his remarks in the Facebook against Father of the Nation Mahatma Gandhi and Subash Chandra Bose.
In a writ petition Justice Katju said in passing the resolutions without giving him an opportunity the Parliament has violated his right to freedom of speech and expression. He said, “the resolutions, dated 11.03.2015 in Rajya Sabha and 12.03.2015 in Lok Sabha are clearly in contravention of the fundamental rights guaranteed by the Constitution that have been consistently upheld and expanded upon by this Court. The Petitioner been seriously prejudiced causing grave and irreparable harm to his reputation and life’s endeavour to uphold the Constitution and the rule of law, and in these circumstances, is not left with any other remedy but to approach this Court.”
Justice Katju said in the Facebook post in respect of Gandhiji, he made the point that by constantly using religious symbolism in politics for several decades, Gandhiji, in effect furthered the British Policy of Divide and Rule by alienating the Muslim population of the Indian sub-continent away from the national movement.
In respect of Netaji, he said that he ended up perpetuating Japanese imperial interest in the Indian sub-continent.