Katju takes Parl to SC over Gandhi, Bose remarks

Former Supreme Court judge Markandeya Katju has approached the apex court challenging the resolutions passed by both the Houses of Parliament for his comments on Mahatma Gandhi and Subhash Chandra Bose.Attaching a copy of his petition in his Facebook post, the former judge complained that the resolution could not be passed without hearing him and demanded an order from the court to this effect. The former judge had landed in trouble after he called Mahatma Gandhi a British “agent” and Bose a Japanese “agent”.

Both Houses of Parliament condemned Katju for his statements “calling Gandhi a British agent, and Subhas Chandra Bose a Japanese agent,” and resolutions were passed in Rajya Sabha on March 11 and lok Sabha on March 12.Katju, who till recently headed the Press Council of India, urged in that his petition to be given an opportunity to present his view to the lok Sabha Speaker and Chairman of Upper House either personally or through his lawyer(s). He even mentioned in his post that senior lawyer Gopal Subramanium would be representing him in such an event.

The former judge relied on the natural justice principle to suggest he was condemned unheard by members of both Houses of Parliament, who had no competence to condemn him, the petition alleged. This is not the first time the statements of the judge has sparked controversy. Even in the past, his comments have landed him in trouble.

“Because, Parliament lacks the competence and authority to pass the impugned resolutions condemning the act of the petitioner, who is a private person…Respondent No.1 and Respondent No.2 (Parliament) are not competent to take cognizance of the expressions of free speech of the private person like the petitioner, as the power under Rule 171 of the lok Sabha Rules provides that the resolution must relate to act of Government. Thus the Impugned Resolution do not fulfill the jurisdictional requirement, and the necessary jurisdictional facts are lacking,” the petition said.

Katju also spelt out the reasons for his controversial statement. He said, “…by constantly using religious symbolism in politics for several decades, Gandhiji, in effect furthered the British Policy of Divide and Rule by alienating the Muslim population of the Indian sub-continent away from the national movement.” This post had appeared on his Facebook page on March 10 this year.

Against Bose, Katju wrote in his post that through his actions “knowingly or unknowingly”, Bose ended up perpetuating Japanese imperial interest in the Indian sub-continent.