Supreme Court Justice B V Nagarathna on Thursday said that freedom of speech and expression guaranteed under Article 19 (1) (a) of the Constitution is vital in a democracy.
Speaking at the launch of the book ‘The Constitution is My Home’ by Indira Jaising, senior lawyer, writer and publisher Ritu Menon, Justice Nagaratna noted that divergent ideas and views must always be taken into account and allowed to express them.
“When I say, divergent ideas and views must always be taken into account and allowed to be expressed. Expression, which we have freedom of expression under Article 19(1)(a), is very, very important these days, and that is the case in the democracy that we are,” Justice Nagarathna said.
Justice Nagarathna said eminent advocate Indira Jaisingh has always been at the forefront of expressing alternative views and viewpoints, particularly on issues relating to the status of women in India and the constitutional rights of marginalized sections of society.
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The judge described Jaisingh’s new book as “many things at once — a memoir, a feminist testimony, a constitutional meditation, and a record of a life lived in uncompromising engagement with justice and the enforcement of rights,” adding that even its title was “deeply revealing.”
During an interaction with senior journalist Srinivasan Jain, Jaisingh discussed the Supreme Court’s May 18 judgment, in which he publicly questioned the logic adopted by another two-judge bench in January, while denying bail to Omar Khalid and activist Sharjeel Imam in the 2020 northeast Delhi riots case as “extraordinary”, and said it was a “matter of celebration”.
“This is in the rules of law – what the judges were saying is that if the state is not in a position to give you a fair trial in an appropriate amount of time, then they have no right to keep you in captivity and they must release you,” she said. “The Supreme Court has not been disciplined by its own rulings, and is bound by a three-judge ruling, which is why I saw that remark.”
Although Chief Justice of India Surya Kant was among the keynote speakers, he was unable to attend due to an urgent meeting related to preparations for the upcoming International Conference of BRICS Judges, hosted by the judiciary. But he expressed his congratulations via video message.
