Katju takes Parliament to court over remarks on Gandhi, Bose

Katju, in his Facebook and blog posts, had described Gandhi as a British agent and Netaji as a Japanese agent, following which both Houses of Parliament passed the resolutions condemning the remarks.

“The resolutions passed without jurisdiction by Rajya Sabha and Lok Sabha, without giving the petitioner an opportunity to be heard, has caused the violation of his rights under Article 14, 21 and 19 (1) (a) of the Constitution. Whether or not the statements are deplorable or condemnable can only be judged by bodies performing judicial function and not by Lok Sabha or Rajya Sabha,” stated his petition, which is to be argued by former Solicitor General Gopal Subramanium.

Citing various judgments by the Supreme Court on free speech, Katju said his statements, as a private person, are academic in nature and a manifestation of scientific temper of a citizen. “The approach being taken by the Respondents (Parliament) is not conducive to liberal and strong academic growth in the country,” he added.

As per the petition, Parliament ought not to take cognisance of academic discussions or seeds of academic discussions in public about issues confronting India’s history and that a resolution, in accordance with the rules, must relate to an act of government. Further, it pointed out the Rules of Procedure and Conduct of Lok Sabha only permits resolution in the matter of ‘general public interest’ and Katju’s statements cannot be of general public interest. “Since, the Rules as stated above do not contemplate passing of a resolution against a private person not holding an official position, the Resolution cannot claim any immunity from judicial review. In the instant case, the question of claim of privilege does not arise at all,” it maintained. Katju had also written to the Lok Sabha Speaker and the Chairman, Rajya Sabha in March for a post-decisional hearing, but he is yet to receive a response.