On Monday, the sted the hearing of pleas relating to the limits of the right to freedom of speech and expression for high public functionaries such as a Minister of a State for Nov 15.
A 5-Judge Constitution bench headed by Justice S Abdul Nazeer observed that restrictions on the Right to Freedom of Speech & Expression under Article 19(1)(a) of the Constitution of India, 1950, are to be determined on a case-to-case basis.
The bench also comprised Justices BR Gavai, AS Bopanna, V Ramasubramanian & BV Nagarathna.
The case involves whether a minister can claim the right to 'freedom of speech and expression' to speak contrary to the Central government's statute & policy.
The case was filed after the then Uttar Pradesh Minister & senior Samajwadi Party leader Azam Khan made an alleged statement terming the Bulandshahr gang-rape case as a 'political conspiracy & nothing else' to defame the former Samajwadi Party government.
In April 2017 when the matter was referred to a 5-Judge Constitution bench, amicus Curiae had told the apex court that the ministers are bound by the constitutional mandate of collective responsibility & can't speak contrary to government policy.
In Dec 2016, the Top Court accepted Khan's unconditional apology in connection with the Bulandshahr gang-rape case.
The survivors had filed a petition before the apex court seeking action against Khan.
The Supreme Court had asked if a functionary could make personal comments contrary to government policy on sensitive issues, causing distress.
The incident took place earlier on the intervening night of 29-30 July when a 35-year-old woman & her minor daughter were allegedly gang-raped by a group of robbers in Bulandshahr district when they were on their way from Noida to Shahjahanpur with the other family members when their vehicle was stopped near a cycle repairing shop in Dostpur village on NH-9, which connects Noida & Bulandshahr.
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