SC reserves order on Justice Katju's plea agst Par resolutions

The Supreme Court today reserved its verdict on a plea of former apex court judge Justice Markandey Katju seeking quashing of resolutions passed by both Houses of Parliament for calling Mahatama Gandhi and Subhash C Bose British and Japanese "agents" respectively in his blog.
Attorney General Mukul Rohatgi, whose assistance was sought by the court in deciding the plea of the former judge, vehemently opposed the petition saying that such kind of parliamentary acts are "not open to judicial scrutiny".
"Parliament would not have reacted had it been any Tom, Dick or Harry. They passed the resolution as the statement has come from a former high constitutional functionary.

"You defame the father of the nation who is as important as national flag and then you say that the Parliament cannot react even in mildest terms," the law officer told the bench comprising Chief Justice T S Thakur and Justices R Banumathi and U U Lalit.
Echoing the views, earlier expressed by senior advocate F S Nariman who is assisting the bench as amicus curiae, Rohatgi said, "I am shocked that the former judge of this court has said about the father of the nation all this that he was a British agent and Bose was the agent of Japanese".

Rohatgi further said that the Parliament rightly did not give him the opportunity to put forth his views as it did not issue any "censure" against him.

Parliament is entitled to condemn such kind of statements in strongest possible terms as "he (Justice Katju) is not a small politician or a small businessman who can say anything".
He also said that the "derogatory" remarks on Gandhi and Bose provoked the MPs to condemn his views unanimously.
In a rejoinder, senior advocate Gopal Subramanium, appearing for the former judge, said he would not have any problem if Parliament resolutions were mere opinions and not a censure kind of thing.

The court had also said that prima facie the resolutions
were passed to condemn the views and it was not a proceeding to "censure" Justice Katju.
Earlier, the apex court had said "prima facie" it did not find fault with Parliament passing resolutions condemning Justice Katju for his blog against Mahatma Gandhi and Bose.
Katju has moved the court seeking quashing of resolutions passed by both Houses of Parliament for calling Mahatama Gandhi and Subhash C Bose British and Japanese "agents" respectively.
In his Facebook post, the former judge had criticised Parliament for censuring him without even giving him a hearing.

The resolutions were passed against him by Lok Sabha on March 12 and Rajya Sabha on March 11 last year.
Alternatively, Katju has sought a direction to Lok Sabha Speaker and Chairman of the Upper House that he be heard personally or through a lawyer duly appointed by him.
"It is a basic principle of natural justice that no one should be condemned unheard. But paying scant regard to this principle, the Hon'ble members of both Houses of the Indian Parliament all flocked together with one voice to condemn me, like the Queen of Hearts in 'Alice in Wonderland' who would say 'Off with his head! ' even before she would give a hearing to someone..," Justice Katju, who has created controversies with several of his comments in the past, wrote in his post.

The petition claimed Parliament lacked "competence" to condemn him.