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Source: Restatement of Values of Judicial Life << https://www.scobserver.in/wp-content/uploads/2024/11/Restatement-of-values-of-judicial-life.pdf >>
The SC which was a champion and preserver of fundamental rights has now turned destroyer.
1. Are people not allowed to comment upon matters pending in court? No, they are. There is no law restricting it. So, what's the issue if Samay Raina comments on it?
2. Is it unlawful for a person to travel abroad and comment? No, the rights of an Indian citizen under Article 19(1)(a) are not limited by territory.
3. But, let's probe further: Can the court direct that someone not exercise their right to freedom of speech & expression? No. Only the Parliament can, by virtue of a law - which would fall the exceptions of Article 19(2). But in absence of any law, the court cannot prevent an Indian citizen from saying whatever they want (whether obscene or not). This too has been clarified by the SC numerous times.
4. Did Samay say anything wrong, obscene or contemptuous in Canada? Based on the news report, it does not seem so. By no stretch of imagination can it be said that Samay's show in Canada was disrespectful to the Supreme Court. The institution is Supreme enough that it cannot be put into disrepute by any tom-dick-and-harry, let alone a wannabe chess player/lousy comedian. Not unless the court itself takes offense at it and actually turns the public's eyeballs onto those comments.
In these circumstances, to say that a comedian is being "oversmart", in my very humble & respectful opinion, is just being "oversensitive", and ought to have been avoided. Let matters be decided by the law; there is no need for a future CJI to flex muscles (though, thankfully, these were only verbal remarks and no muscles were actually flexed by way of orders - but then there's the question of why should any oral observations of this nature be made when neither the said party is before the court nor is there any legal issue regarding it).
Yours,
truly &
Not intending any disrespect to the institution, the judges, or the process of the law,
Someone who is now going back to preparing for Court No. 3 for this Friday.