SC takes note of Azam Khan's remarks on Bulandshahr gang-rape case

NEW DELHI: The Supreme Court has wondered whether politicians, especially of a ruling party, could exercise their right to free speech to pass extraneous comments that could prejudice an ongoing criminal probe into a heinous crime such as the Bulandshahr gang-rape incident.

A bench, comprising Justices Dipak Misra and C Nagappan made the remarks while dealing with a petition filed by the affected family drawing the top court’s attention to the remarks of minister Azam Khan, who had reportedly dismissed the crime as a “political conspiracy” to defame the SP regime. The ‘Karta’ of the family, Kaushal Kishor, had moved the SC against the remarks.

Kishor’s lawyer claimed that the man had no hopes of a fair investigation after the minister’s remarks. He argued that the trial of the case must be transferred to another state.

The bench appointed senior advocate Fali S Nariman as the amicus curiae to examine whether any individual holding public office could make such comments while a probe was on into a crime, especially if he has nothing to do with it personally.

“Should the state, the protector of citizens, responsible for law and order, allow these comments as they have the effect potentiality to create distrust in the mind of the victim as regards the fair investigation and, in a way, the entire system? Does the statements come within the ambit and sweep of freedom of speech? Whether such comments defeat the concept of constitutional compassion and also sensitivity?.”