Supreme Court refuses suo motu action against MP Nagendra Ray for remarks about Subhas Chandra Bose

The Supreme Court on Thursday declined to initiate a suo motu case over remarks over remarks made by Rajya Sabha MP Nagendra Ray alias Anant Maharaj against Netaji Subhas Chandra Bose.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana told the lawyer, who mentioned the matter, to file a petition instead.

"May I bring to Your Lordships' urgent attention an extremely unfortunate event for taking suo motu cognisance? A Member of Parliament of the Rajya Sabha, namely Nagendra Ray, claiming himself to be Anant Maharaj, has been making denigrating comments about Netaji Subhas Chandra Bose," the counsel said.

"Why do you want suo motu? Why can't you file a petition?" the CJI asked.

The counsel said that the court had taken cognisance of an issue which was denigrating to the judiciary.

"This is also denigrating," he said.

"Suo motu action is only where there is a serious cause. In the issue of environment or forests, the forest will not speak. We have to take care of that. So we took action. There are marginalized sections, poor people, socially and economically backward people who can't come to the court. An 83-year-old woman and her blind son, we had to take suo motu because who will look after them if we do not? But here a competent lawyer is there. You know everything, and you want suo motu?" the CJI asked.

"Suo motu or a petition, your concern is someone making a comment equivalent to hate speech. You will have to examine it on the established principles of free speech and reasonable restriction. So please file the petition," Justice Bagchi weighed in.

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