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Doctrine Of Sub-Judice Cannot Overthrow Freedom of Speech and expression (45 Second worth read)

Name of the case - Adarsh Cooperative Housing Society Ltd. v. Union of India & Ors.

Date of Judgment – 16 Feb, 2018

Judges: Chief Justice of India Dipak Misra, and Justice Sanjay Kishan Kaul

Subject and sections involved –  Article 14, 21 and 32 of Constitution of India

Issue :

  1. Whether doctrine of Sub-Judice is under reasonable parameters under Art. 19 (2) of the Constitution of India?

 

Ratio of the case - The doctrine of sub-judice may not be elevated to such an extent that some kind of reference or allusion to a member of a society would warrant the negation of the right to freedom of speech and expression which is an extremely cherished right enshrined under the Constitution.

The two judge bench headed by CJI Dipak Misra observed that “The moment the right to freedom of speech and expression is atrophied, not only the right but also the person having the right gets into a semi coma. We may hasten to add that the said right is not absolute but any restriction imposed thereon has to be extremely narrow and within reasonable parameters.”