Press Esc to close
Saturday 25 October 2014
News updated at 10:47 PM IST
Weather
Max: 27°C
Min : 19.2°C
In Bangalore
Generally cloudy

SC chides Nandy, but stays arrest

New Delhi, Feb 1, 2013, DHNS:
Ashish Nandy / Wikipedia image

The Supreme Court on Friday came to the rescue of noted sociologist Ashis Nandy by staying his possible arrest over alleged “casteist” remark at the Jaipur Literature festival.

The court, however, came down heavily on him for making “unacceptable” statement, saying that an “idea” must be expressed with responsibility.

A three-judge bench presided over by Chief Justice Altamas Kabir questioned him for remarks that could hurt people.


Nandy had on January 26 made a comment that the most corrupt people come from OBC, SC and ST category, igniting strong reactions across the country and leading to registration of several FIRs, including one in Jaipur, against him.

Senior counsel Aman Lekhi, appearing for Nandy, began his arguments by asking if an idea could be punished under the laws.

The bench responded curtly, “Yes, an idea can certainly be punished under the laws. An idea is a summation of verbal acts and it can be penalised. Are you now supporting the idea that you expressed? Your petition says your remark was distorted.”

Lekhi, then, submitted that in this case, there was no intent on the part of Nandy to hurt anyone and the remark was distorted and put out of context.

“It is not just one idea. It is the idea that is creating all sorts of problems. An idea can always hurt people. This is not the way you will express your idea. Something comes in your head and you go on saying it, we are not all happy with it. Why do you make such statements? If statements are to be made, they must be made with a sense of responsibility. Howsoever abstract an idea could be, you cannot go on saying things like this,” the court said.

As Lekhi tried to reason out by saying that his client had no intention of hurting sentiments, the court cut him short.

“Why do you say something that you don’t intend to? You are tying yourself up in knots. Whatever may be your intent you cannot go on making such statements. Tell your client he has no licence to make such comments. We are not going to accept it,” the bench said.

Nandy’s counsel pointed out that FIRs have been registered in all across the country — Raipur, Nasik, Patna and two in Rajasthan — for the same comment. On this, the court said: “Why not? It affects people all over. If people are offended in different parts of the country, there will be many FIRs.”

Lekhi again submitted that an element of hysteria was being created in the country. “Who is creating hysteria? Who is the author of the statement? Who made such statements? Don’t blame others for it now,” the court said. While staying Nandy’s arrest, the apex court sought response from the Centre and the Rajasthan government on his plea to quash the FIRs lodged against him. The court also issued notices to the governments of Chhattisgarh, Maharashtra and Bihar, seeking response within four weeks.

Nandy, 76, on Thursday approached the apex court, seeking stay of arrest and quashing of FIRs registered against him. He had sought the court to frame necessary guidelines to prevent misuse of the SC/ST (Prevention of Atrocities) Act.

Go to Top

Photo Gallery
Mrs. Komal Kalra Pagarani who is all set to represent India...

Mrs. Komal Kalra Pagarani who is all set to represent India...

Fire at Balaji Studio Killick Nixon Studios in Mumbai...

Fire at Balaji Studio Killick Nixon Studios in Mumbai...

Sikh religious warriors, display their horse-riding skills at an event organized to celebrate...

Sikh religious warriors, display their horse-riding skills at an event organized to celebrate...

Bollywood actor Shatrughan Sinha with his family during Amitabh Bachchan's Diwali party in Mumbai..

Bollywood actor Shatrughan Sinha with his family during Amitabh Bachchan's Diwali party in Mumbai..

Sachin Tendulkar and his wife Anjali with Abhishek Bachchan during Bachchans' Diwali party...

Sachin Tendulkar and his wife Anjali with Abhishek Bachchan during Bachchans' Diwali party...

Narendra Modi clicks photographs during the Diwali Mangal Milan programme at BJP headquarters...

Narendra Modi clicks photographs during the Diwali Mangal Milan programme at BJP headquarters...

Nitin Gadkari leaves after meeting RSS Chief Mohan Bhagwat at RSS headquarters in Nagpur...

Nitin Gadkari leaves after meeting RSS Chief Mohan Bhagwat at RSS headquarters in Nagpur...

Brother & Sister take holy dip in river Yamuna on the occasion of Bhai Dooj...

Brother & Sister take holy dip in river Yamuna on the occasion of Bhai Dooj...

Dhoni talks to Hockey India player Ashunta Lakra during launch of hockey team in Ranchi...

Dhoni talks to Hockey India player Ashunta Lakra during launch of hockey team in Ranchi...

Brother of Thailand's Prime Minister Payap Shinawatra takes part in Robe...

Brother of Thailand's Prime Minister Payap Shinawatra takes part in Robe...

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bangalore - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523