Writer is madras high court advocate. GLIMPSE OF A LATEST VERDICT* Case Name: Kaushal Kishor Vs. State of U.P. and others. Case No: W.P. (c) No.113 of 2016 with S.L.P.(C) No. Diary No. 34629 of 2017 *Hon’ble Justices S. Abdul Nazer, B.R. Govai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna* of the Hon’ble Supreme has held that: Thirukkural:* _தீயினாற் சுட்டபுண் உள்ளாறும் ஆறாதே நாவினாற் சுட்ட வடு_ *Meaning:* _“The scar left behind by a burn injury may heal, but not the one left behind by an offensive speech”_
[5/6, 07:12] sekarreporter1: *GLIMPSE OF A LATEST VERDICT*
Case Name: Kaushal Kishor Vs. State of U.P. and others.
Case No: W.P. (c) No.113 of 2016 with S.L.P.(C) No. Diary No. 34629 of 2017
*Hon’ble Justices S. Abdul Nazer, B.R. Govai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna* of the Hon’ble Supreme has held that:
1) The grounds lined up in Article 19(2) for restricting the right to free speech are exhaustive. Under the guise of invoking two fundamental rights staking a competing claim against each other, additional restrictions not found in Article 19(2) cannot be imposed on the exercise of the right conferred by Article 19 (1) (a) upon any individual.
2) A fundamental right under Articles 19 and 21 can be enforced even against persons other than the State or its instrumentalities.
3) The State is under a duty to affirmatively protect the rights of a person under Article 21, whenever there is a threat to personal liberty, even by a non-State actor.
4) A statement made by a Minister even if traceable to any affairs of the State or for protecting the Government, cannot be attributed vicariously to the Government by invoking the principle of collective responsibility.
5) A mere statement by a Minister, inconsistent with the rights of a citizen under Part III of the Constitution, may not constitute a violation of the constitutional rights and become actionable as constitutional tort. But if as a consequence of such a statement, any act of omission or commission is done by the officers resulting in harm or loss to a person/citizen, then the same may be actionable as a constitutional tort.
The Hon’ble Supreme Court observed as follows:
*Thirukkural:*
_தீயினாற் சுட்டபுண் உள்ளாறும் ஆறாதே
நாவினாற் சுட்ட வடு_
*Meaning:* _“The scar left behind by a burn injury may heal, but not the one left behind by an offensive speech”_
The translation of the verse by G.U. Pope in English, reads thus, _“In flesh by fire inflamed, nature may thoroughly heal the sore; In soul by tongue inflamed, the ulcer healeth never more”_
By: Tamil Poet – Philosopher and Saint who has realized the Life Force, Mind, Consciousness and God-called Thiruvalluvar.
*A Sanskrit Text:*
_“Satyam Bruyat Priyam Briyan na briyat Satyam apriyam
Priyam ca nanrtam bruyad esa dharmah Sanatanah”_
The meaning of this Verse is:
_“Speak what is true; Speak what is pleasing; Do not speak what is unpleasant, even if it is true. And do not say what is pleasing, but untrue, this is the eternal law”_
The Book of Proverbs (16:24) Says
_“Pleasant words are a honeycomb, sweet to the Soul and healing to the bones”_
Though the religious texts of all faiths and ancient literature of all languages and geographical locations are full of such moral injunctions emphasizing the importance of sweet speech (more than free speech), history shows that humanity has consistently defied those diktats. The present reference to the Constitution Bench is the outcome of such behaviours by two Honourable men, who occupied the position of Ministers in two different States.
*Anecdote:*
So far Thirukkural and the greatness of Thiruvalluvar has been cited only in 6 decisions of the Hon’ble Supreme Court, including the above case. The Judge from Tamil Nadu, Hon’ble Justice S. Mohan has quoted Thirukkural in Unnikrishnan Case (1993) which is also a constitutional bench judgment. After 30 years of the Unnikrishnan Case, the Tamil Judge, Hon’ble Justice V. Ramasubramanian has quoted Thirukkural in the above decision also. In all the other 4 decisions, non-tamil speaking Judges had quoted Thirukkural and Thiruvalluvar.
[5/6, 07:12] sekarreporter1: 🌹🌹
Mhc adv
