JUSTICE (RETD.) MARKANDEY KATJU Vs. THE LOK SABHA & ANR.
LAWS(SC)-2016-12-32
SUPREME COURT OF INDIA
Decided on December 15,2016

Justice (Retd.) Markandey Katju Appellant
VERSUS
The Lok Sabha And Anr. Respondents

JUDGEMENT

UDAY UMESH LALIT, J. - (1.) This petition under Article 32 seeks quashing 7. of Resolution dated 11.03.2015 passed by Rajya Sabha and Resolution dated 12.03.2015 passed by Lok Sabha. In the alternative, it is also prayed that the Houses of Parliament be directed to give to the petitioner post decisional hearing.
(2.) On 10.03.2015, the petitioner, a former Judge of this Court published a post on his Facebook Page in respect of Mahatma Gandhi, Father of the Nation. The post was entitled "Gandhi ­ A British Agent" and stated that Mahatma Gandhi did great harm to India. On the same date, another post was published by the petitioner on his Facebook Page in respect of Netaji Subhash Chandra Bose referring to him as an agent of Japanese fascism.
(3.) These posts evoked immediate response and on 11.03.2015, discussion took place in Rajya Sabha. At the end of the discussion, a Resolution was moved by the Chairman of Rajya Sabha which was passed unanimously by the House. The Resolution was to the following effect :- "This House expresses its unequivocal condemnation of the recent remarks of the former judge of the Supreme Court, Shri Justice Markandey Katju, against the Father of the Nation Mahatma Gandhi and Netaji Subhash Chandra Bose led the Indian National Army for the freedom of the country. ;


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