Nayar said that the defendants have made allegations against institutions like the Election Commission.
The Court responded by saying that institutions will have to stand up for themselves.
“Election Commission’s shoulders are broader to take this like courts. People say all kinds of things about courts also,” the judge remarked.
As Nayar argued that the allegations are without any basis and should shock the conscience of the court, the judge responded that in the free market place of ideas, people can say a lot of things.
“The question is not whether it [the allegations] shocks my conscience not. The question is, in a free market place of ideas, are people entitled to say things which shock my conscience,” Justice Jalan said.
“Ultimately they (the allegations) will have to stand on their own legs,” he added.
The judge, however, also clarified that he was not condoning the language used or the allegations made.
“I am not commenting whether the allegations are right or wrong or in good taste or bad. I want to have their affidavits on record,” the judge made it clear.
He added that he does not want to pass a gag order in a political fight without hearing the other side.
“I am not asking for a gag order, I am asking my lord that it should be tempered down. Look at what they are saying even after the service,” Nayar stated.
But the bench refused to pass any ex-parte order and listed the matter for further consideration on April 17.
Source: Barandbench
