Courts can't ‘teach or preach’ citizens on what to say: Former SC judge Abhay S Oka
Justice Oka said courts are not meant to decide what citizens should or should not say. Their responsibility is to safeguard fundamental rights.
Former Supreme Court Judge Abhay S Oka warned against courts "teaching or preaching" citizens on what they must say or refrain from saying. In his inaugural Advocate Haroon Solkar Memorial Lecture Series in Mumbai, Justice Oka emphasized that courts' role is to protect fundamental rights, even when the expressed views might differ from those of the judges.
He reminded the audience that citizens possess a constitutional right to organize peaceful protests and express their grievances. Oka cautioned against allowing criminal cases to be dismissed solely based on alleged violations of free speech rights. He urged courts to scrutinize if an offence was indeed committed and if fundamental rights were infringed upon.
Justice Oka stressed that the court's mandate is to determine whether a crime has been committed, regardless of whether the petitioners' expressions align with his own. He affirmed that Supreme Court judges, like Sir Thomas More, ought not to expect citizens to speak only in a manner pleasing to those in power. Oka further highlighted that courts must remain vigilant against efforts to undermine constitutional values and ensure that freedom of speech and expression remains unimpeded.
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