Holding that freedom of speech and expression cannot be "absolute" under the Indian Constitution and obscene words cannot be used for a historical person like Mahatma Gandhi, the Supreme Court said Marathi poet Vasant Dattatray Gurjar, who had written a political satire on the father of nation, will face trial for using obscene words.
The court, however, quashed the charges against the publisher and editor of a bank's in-house magazine, Devidas Ramachandra Tuljapurkar, who had approached the apex court against Bombay high court's order dismissing his plea to quash the charges, after he tendered unconditional apology to the court.
The Marathi poem 'Gandhi Mala Bhetla' (I met Gandhi) was written in 1984 but Tuljapurkar had published it in the bank's magazine in 1994.
"Freedom of speech and expression as enshrined under Article 19(1)(a) of the Constitution is not absolute in view of Article 19(2) of the Constitution. We reiterate the said right is a right of great value and transcends and with the passage of time and growth of culture, it has to pave the path of ascendancy, but it cannot be put in the compartment of absoluteness. There is constitutional limitation attached to it," a bench headed by justice Dipak Misra said.
"When the name of Mahatma Gandhi is alluded or used as a symbol, speaking or using obscene words, the concept of "degree" comes in. To elaborate, the "contemporary community standards test" becomes applicable with more vigour, in a greater degree and in an accentuated manner....," the court also said.
"Mahatma Gandhi is used as a symbol or allusion or surrealistic voice to put words or to show him doing such acts which are obscene. While so concluding, we leave it to the poet (Gurjar) to put his defense at the trial explaining the manner he has used the words and in what context. We only opine that view of the High Court pertaining to the framing of charge under Section 292 IPC cannot be flawed," the court added.
The court's order followed on a petition filed by Tuljapurkar seeking quashing of the case against him lodged by Patit Pawan Sanghtan for publishing Gurjar's "vulgar and obscene" poem in 1994 under section 292 of IPC. He was the editor of bank's in-house magazine 'Bulletin' in which the poem was published.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}