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SC Stays Arrest of Ashis Nandy
Giving relief to sociologist Ashis Nandy, the Supreme Court today stayed his arrest over alleged anti-Dalit remarks at the Jaipur Literature Festival (JLF) but made it clear that he has no license to make such comments.

"He can't continue making statements like this. Whatever may be your intent you can't go on making statements," a bench headed by Chief Justice Altamas Kabir said.

"Tell your client he has no license to make such comments," the bench also comprising justices A R Dave and Vikramajit Sen told senior advocate Aman Lekhi who was appearing for 76-year-old Nandy.

The apex court issued notices and sought response of the Centre and the Rajasthan Government on a petition filed by Nandy seeking quashing of the FIR lodged against him for making the alleged statements at the literary festival.

"In the meantime, the petitioner (Nandy) will not be arrested in FIRs filed in connection with the statement made by him at the JLF, on January 26," the bench said.

The bench also issued notices to the Governments of Chhattisgarh, Maharashtra and Bihar and sought their response within four weeks as FIRs, in connection with his statement, have been lodged against him in Raipur, Nasik and Patna respectively.

The order was passed after brief opposition from an advocate claiming to be member of Dalit community, who said the scholar's petition seeking protection from arrest should not be entertained.

However, the bench said his objection could only be considered once he files an application.

The bench told Nandy that statements "are to be made in a responsible manner".

"Why do you say something which you don't want to intend," the court said when Lekhi was trying to impress upon the bench that a person cannot be punished for expressing an idea.

During the proceedings, Lekhi contended that several FIRs at different places cannot be lodged for the same offence, to which the bench said, "It affects people all over. Don't go into that type of submissions."

When he said that hysteria has been created, the bench shot back "who is creating (hysteria). Who is author of the statement. Please say what your client has instructed you to say."

Nandy's counsel said he had no intention of hurting the backward class and the scholar has already tendered an apology for his alleged statements.

His counsel commenced the submissions by saying "can law penalise an idea".

However, the bench said "we are not at all happy" and he should be careful.

During a panel discussion at the Jaipur meet, Nandy had allegedly said that people belonging to OBCs and SCs/STs were more corrupt.

Later, a case was registered against him under the SC/ST (Prevention of Atrocities) Act.

Nandy, apprehending his arrest for the statements made by him, had moved the apex court yesterday for quashing of the FIRs against him.

Challenging the proceedings, he had submitted that he was facing a serious threat in the surcharged environment against him.

"Because of the surcharged environment against him and the rabid statements made by important political personalities, his physical safety is itself compromised and there is imminent threat of injury to him," his petition said.
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Digression

6/D-33
Feb 02, 2013
01:12 PM

 #3

r u sure u r not JO MF?

hitesh brahmbhatt, san diego
5/D-91
Feb 01, 2013
06:42 PM

 Totally bogus court. I can't beleive what the justices say. Yes Mr Nandi and everyone else have the right to express any diea freely, however repugnant someone else may find it. I find the statements from the justices more repugnant than anything Mr Nandi said and I am offended as my faith in freedom of expression has been hurt. Now should I file an FIR so the police can take action againt the justices ? 

Gurudev Shorey, Houston
4/D-82
Feb 01, 2013
04:25 PM

Raghubir ... no one is arguing that you do not have to face "music" for the Speech and Expression you choose to use. You have the Freedom, so it comes with Responsibility for its consequences too and it has to be faced.

The question is what is this "music" if you want to together evolve towards a more civilized modern society. Take him to court for libel/defamation - make it a "class action suit" - sue him for all his wealth and more. Debate, argue, protest (peacefully of course). But criminal offence, bans, threats to life, destruction of property, exile are not music.

In this specific case, making Nandy's words as offence under the SC/ST atrocities act is making a mockery of the act, be-littling the serious nature of the issue of atrocities in our society by clubbing such speech with it. IMHO this is way too much music.

Where we are going, we may end up as a society of absolute Political Correctness (PC) where everyone parrots the right things but means nothing of it -  no change in the hearts, or minds .... no intellectual evolution because there is no contest of ideas including offensive ones. Increased bitterness and conflicts to have to be PC and on guard 100% of the time rather than any lasting/improving resolutions. BTW, looking from the historical victim perspective, overplaying the victim card is not good for the "victim" either (i.e., constantly wallowing in the misery of victimhood) - why allow someone to make you a victim all the time - 100% of the time. Watch the Islamic world and you can see what can go wrong playing the perennial global victim. It seems to be self-destructive rather than empowering.

Arun Maheshwari
Bangalore, India
3/D-79
Feb 01, 2013
03:51 PM

RAGHUVIR
Well u are nothing more than a Shameless Hypocrite...U harp on Equality of Men but at the same time cling on to this SC/ST division. Let me tell you I am with Nandy and i totally endorse what he has said.

SC/ST and OBC are even worse than gutter level bacteria !!

Jo Mb, kolkata
2/D-68
Feb 01, 2013
01:42 PM

There is a limit to freedom of expression. Otherwise if you go on saying anything that comes to your socalled thinking brain that too which is not a fact, you have to face the music of SC /STs ahd OBCs.

raghuvir, delhi
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