JUSTICE (RETD.) MARKANDEY KATJU Vs. THE LOK SABHA & ANR.
SUPREME COURT OF INDIA
Justice (Retd.) Markandey Katju
The Lok Sabha And Anr.
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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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