'Freedom Of Speech May Be Most Abused Freedom In Recent Times': CJI SA Bobde

While hearing plea(s) seeking strict action against the media for communalization of the Coronavirus pandemic in light of the Tablighi Jamaat Meeting held earlier this year in Delhi, the Chief Justice SA Bobde remarked that Freedom of Speech may well be one of the most abused freedoms' of recent times.Senior Advocate Dushyant Dave pointed out to the affidavit filed by the Centre and added that the Centre had taken a stand that the instant petitions were an attempt at Muzzling Freedom of Speech.To this, CJI SA Bobde responded, "They are entitled to make any argument like you people are. This Freedom of Speech may be the most abused freedom in recent times".Solicitor General Tushar Mehta also added to this by stating that this was an opinion of the Department.The Top Court also pulled up the Centre for filing a shoddy affidavit in the pleas and took strong objection to it, stating that the Department concerned had not even taken account of incidents of bad reporting in the affidavit."You have filed the affidavit of some Junior Secretary. We find it extremely evasive, the affidavit does not make any comment on the allegation and goes so far as to say brazenly that the petitioners have not pointed out any incident of bad reporting. To say that you dont agree with the petitioners is one thing but how can you say there is no incident pointed out?" said the CJI.The Solicitor General said that the affidavit should have indeed come from the senior most Officer and that he will be filing a fresh one. "I will personally vet it," said the Law Officer.CJI also added that the Secretary must tell the Court as to what he thinks of the incidents pointed out. "He may agree, disagree. But he must not make such unnecessary nonsensical averments as he has made," said the Chief Justice of India.The case will now be taken up after two weeks.It is pertinent to note that on April 13, the top court had observed that it was not inclined to pass interim orders in a plea seeking strict action against the media for communalization of the Coronavirus pandemic, in light of the Tablighi Jamaat meeting in Delhi's Nizamuddin."We cannot gag the Press. We will not pass interim order/ directions," CJI SA Bobde had stated.On the said date, the bench comprising CJI SA Bobde, Justices LN Rao & MM Shantanagoudar had expressed inclination to make solid long term measures about news items and while stating that only upon "taking cognizance, will people understand".

'Freedom Of Speech May Be Most Abused Freedom In Recent Times': CJI SA Bobde

Sanya Talwar

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