Can restrictions be imposed on public functionaries? SC to pronounce judgment on January 3

A bench of Justices would give their views whether some general guidelines could be laid down in this regard

The Supreme Court is scheduled to pronounce its judgement on Tuesday whether any greater restriction can be imposed on public functionaries' right to freedom of speech and expression, than those mentioned under Article 19(2) of the Constitution.

A bench of Justices S Abdul Nazeer, B R Gavai, A S Bopanna, V Ramasubramanian, and B V Nagarathna would give their views whether some general guidelines could be laid down in this regard.

The instant case was related to a statement made by then Uttar Pradesh Minister Azam Khan about the victims in Bulandshahr gang rape case. However, he had subsequently apologised.

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But advocate Kaleeswaram Raj, who appeared for Joseph Shine, contended the recurrence of such incidents across the country indicated that the issue was of relevance and not merely an academic matter.

Solicitor General Tushar Mehta, appearing for the Centre, submitted that the threshold of restriction to freedom of speech and expression for the public functionaries, including MP/MLAs and ministers could be much higher than the common person.

A three-judge bench had on October 5, 2017 referred the matter to the Constitution bench to adjudicate various issues including whether a public functionary or a minister can claim freedom of speech while expressing views in sensitive matters which are under investigation.

A man, whose wife and daughter were allegedly gang-raped in July, 2016 on a highway near Bulandshahr, sought transfer of the case to Delhi and lodging of an FIR against Azam Khan for his controversial statement.