The apex court said that it has to see whether a statement by a person in authority affects the right of rape victim under Article 21.
not absolute and there are reasonable restrictions provided.
No criminal prosecution can be launched on the ground of decency or morality as these are not defined under any law." The apex court said that it has to see whether a statement by a person in authority affects the right of rape victim under Article 21.
Senior advocate Harish Salve, who was present in the court, expressed his intention to assist the court and said that reasonable restriction under Article 19(2) "may be the only controlling provision but the right of freedom of speech and expression as enshrined and spelt out under Article 19(1)(a), has its own inherent contours and it is not boundless".
Senior advocate and noted jurist Fali S Nariman, who is amicus curiae in the case, said that he requires some more time to think further and formulate the propositions with regard to the balancing of two preferential rights, the right under Article 19(1)(a) and the right under Article 21.
The bench posted the matter for final hearing to April 20 and asked the parties to address on the issue.
The former Uttar Pradesh minister had on December 15, last tendered an "unconditional apology" in connection with his alleged remark in the sensational Bulandshahr gangrape case which the apex court had accepted.
The brutal incident had happened on the night of July 29 when a group of highway robbers stopped the car of a Noida- based family and sexually assaulted a woman and her daughter after dragging them out of the vehicle at gun-point.
The apex court had on August 29 last year taken note of the alleged controversial remarks of Khan that the gangrape case was a "political conspiracy".
On November 17, the apex court had directed Khan to tender an "unconditional apology" for his alleged remarks in the matter while seeking assistance of the attorney general in dealing with the issue of statements made by persons holding public office in such cases.
Initially, the FIR was lodged by the Uttar Pradesh Police under various provisions on July 30. The CBI had re-registered the case on August 18 in pursuance of the Allahabad High Court's interim order.
(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)
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