The Supreme Court recently quashed the criminal cases registered against Indian psychologist and critic Ashis Nandy over his objectionable comment made at the 203 Jaipur literature festival that most corrupt people came from the marginalized sections of the society.
Though the Court found that the comments were objectionable and strongly condemned them as such, it deemed the cases fit to be quashed considering Nandy’s advance age at this point (90 years) as well as the unconditional apology tendered by him.
A bench of Justices K Vinod Chandran and NV Anjaria ordered: “Though we condemn the statements made by the petitioner in the strongest terms, we are of the opinion that in the peculiar facts and circumstances of the case and also considering that the petitioner is now a nonagenarian, we direct that the criminal complaints be quashed.”
The Court noted that when Nandy made the remarks, they were objected to by another panel member. Agreeing with the objection, it said, “We perfectly agree with the objection raised and we find the statement to be very objectionable. We cannot but condemn the statements made in the strongest terms, especially since it does not become a person of the petitioner’s status and his self-proclaimed attainments of acclaim and renown.”
Ultimately however, the Court was swayed to quash the cases while observing that they had been hanging over Nandy’s head for about 12 years and he had tendered an unconditional apology. “we notice that the petitioner is now 90 years old and the criminal cases were hanging over his head, akin to the sword of Damocles, for the last about 12 years. We are of the opinion that the criminal cases should be quashed, especially in the context of an apology having been unconditionally and unequivocally made before this Court in a letter”, the Court said.
Case Title: ASHIS NANDY VERSUS UNION OF INDIA & ORS., WRIT PETITION (CRIMINAL) NO.19 OF 2013