Freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution is vital in a democracy, Supreme Court judge justice BV Nagarathna said on Thursday.
Speaking at the launch of the book ‘The Constitution Is My Home’ by senior advocate Indira Jaising with writer-publisher Ritu Menon, justice Nagarathna observed that divergent thoughts and perspectives must always be considered and allowed to be expressed.
“When I say, divergent thoughts and perspectives must always be considered 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 how it is in a democracy which we are,” justice Nagarathna said.
Justice Nagarathna said that senior advocate Indira Jaising had consistently been at the forefront of articulating alternative viewpoints and perspectives, particularly on issues concerning the status of women in India and the constitutional rights of marginalised sections of society.
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The judge described Jaising’s new book as “many things at once — a memoir, a feminist testimony, a constitutional reflection, and a record of a life lived in relentless engagement with justice and enforcement of rights,” adding that even its title was “deeply revealing.”
During an interaction with senior journalist Sreenivasan Jain, Jaising discussed about the Supreme Court’s May 18 ruling, which openly questioned the reasoning adopted by another two-judge bench in January while denying bail to Umar Khalid and activist Sharjeel Imam 2020 northeast Delhi riots case as “extraordinary” and said it was “a matter of celebration.”
“It is in the grammar of the law — what the judges were saying is that if the state is not in a position to give you fair trial in a decent amount of time, then they have no right to keep you in captivity and they must release you…The Supreme Court was not disciplined with its own judgments and they are bound by three-judge ruling which is why you saw this observation,” she said.
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 judges from BRICS nations, being hosted by the judiciary. He, however, conveyed his congratulations through a video message.
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