No additional restrictions against free speech of public functionaries can be imposed: SC

New Delhi, Jan 03: The Supreme Court has held that there shall be no additional restrictions on freedom of speech and said that ministers, MPs and MLAs enjoy freedom of speech in equal measure as other citizens under Article 19(1)(a) of the Constitution.

A Constitution Bench comprising, Justices Abdul Naseer, A S Bopanna, B R Gavai, V Ramasubramanian and B V Nagarathna held that like all other citizens, no additional restrictions, other than which are prescribed under Article 19(2) of the Constitution can be imposed on a public representative under right to freedom of speech and expression.

The Bench delivered the verdict after hearing a batch of petitions relating to the scope of freedom of speech for public functionaries. It also took into note whether greater restrictions can be imposed on their right in the greater interest of citizens and their right to life and personal liberty.

The petitions arose after the Samajwadi Party leader, Azam Khan had made a remark on a 2016 gang-rape of a minor and her mother in Uttar Pradesh.

"Additional restrictions not found under Article 19(2) cannot be imposed on the exercise of article 19(1)(a). Grounds mentioned in Article 19(2) for restricting free speech are exhaustive. Additional restrictions not found in Article 19(2) cannot be imposed on the exercise of right under 19(1)(a)," the Bench held.

The Supreme Court also ruled that a statement made by a minister related to the government or its affairs can be attributed to the government.

A mere statement by a minister inconsistent with the rights of the citizens does not form to be a Constitutional tort. However, if it leads to omission or commission of offence by a public official then it is a Constitutional tort, the Bench said.

Bar and Bench reported that Justice Nagarathna in a separate verdict said while the freedom of speech and expression is a much needed right, so that citizens are well informed about their rights, it cannot turn into hate speech.

"Hate speech in the sense strikes at the foundational values by making the society unequal ands also attacks citizens from diverse backgrounds especially in a country like us that is Bharat. it shall be the duty of every indian to uphold the dignity of every individual irrespective of religion, caste etc and also uphold the dignity of women," Justice Nagarathna said.