Supreme Court · 2016 INSC 1145 · Decided 15 December 2016
Justice (RETD.) Markandey Katju v. The Lok Sabha & ANR.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1145 · [2016] 11 S.C.R. 621
- Case number
- WRIT PETITION (CIVIL) No. 504/2015
- Decided
- 15 December 2016
- Bench
- T.S. THAKUR, UDAY UMESH LALIT, R. BANUMATHI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 32, 105(2), 105
Headnote
Constitution of India: Arts. 32 and 105(2) - Derogatory remarks in Facebook post by retired Judge of Supreme Court against Mahatma Gandhi and Subhash Chandra Bose - Lok Sabha as well as Rajya Sabha by passing resolution condemned the remark.- - Writ petition seeking quashing of of the petition - Held: Though Parliament/Houses have freedom of speech in Parliament and anything said by Members in the Parliament is immune from any proceeding in the Court - However, such immunity is not available to collective expression of opinio11 by all Members culmi11ati11g i11
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