Ashish Nandy apologises for article on Guj 2007 polls in SC

Political analyst Ashish Nandy today tendered an "unconditional apology" in the Supreme Court for a 2008 article written in a national daily which had led to the registration of an FIR against him for allegedly portraying Gujarat in bad light.

The apex court, which took on record the content of Nandy's apology, quashed the FIR lodged by Ahmedabad Police on a complaint by V K Saxena, currently Chairman of Khadi and Village Industries Commission (KVIC).

In his letter, Nandy "deeply regretted" that his critical analysis of the outcome of the Gujarat Legislative Elections held in December, 2007 had "hurt the sentiments of many".

Saxena, who is also the President of Ahmedabad-based NGO, National Council for Civil Liberties (NCCL), had filed the complaint against Nandy for his article namely, "Blame the Middle Class" which was published on January 8, 2008 in the national edition as well as local editions of a daily.

A Bench comprising Justices V Gopala Gowda and Arun Mishra disposed of the appeal filed by Nandy against the 2010 decision of Delhi High Court refusing to quash criminal proceedings by Gujarat Police for allegedly promoting communal disharmony.

The bench passed the order in presence of writer's senior advocate Kapil Sibal and Saxena's senior counsel Mahesh Jethmalani after going through the draft of the apology letter in which the noted author also regretted that his article caused "pain" to many which was "not intentional".

"I tender my unconditional apology for any hurt that my article has caused and reiterate that it was not intentional and was against my own beliefs and principles," he said.

Taking note, the bench said, "In view of the aforesaid letter giving unconditional apology for having published in the editorial page Ahmedabad edition, on January 8, 2008, and by consent of the senior counsel appearing on behalf of the parties, we quash the FIR registered against petitioner (Nandy). The special leave petition stands disposed accordingly." 

Nandy had earlier contended that the FIR was registered out of malafide intention and aimed at penalising him for expressing his bonafide views.

Gujarat government had been seeking the nod of the apex court to continue with the investigation to a "conclusive end" into the FIR against him under section 153A (promoting communal disharmony) and 153B (imputations, assertions prejudicial to national integration) of the IPC.

The state government had said Nandy's petition seeking quashing of criminal proceedings against him be dismissed as "the FIR in the instant case prima facie discloses the offence under sections 153A and 153B of the IPC."

The apex court on January 4, 2011 had stayed the verdict of Delhi High Court which had refused to quash criminal proceedings initiated against Nandy by Gujarat Police.

The High Court in its September 1, 2010 order had directed Nandy to submit his grievances before a court in Ahmedabad.

The NGO, NCCL, had alleged that the article written after the 2007 assembly polls had projected the state in bad light and promoted communal disharmony.

The state government had maintained that the FIR in this case prima facie disclosed the offence under the Code of Criminal Procedure and the court should not interfere and allow the investigation to be completed.