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Freedom of speech and expression cannot be “absolute”: Supreme Court
NEW DELHI: While holding that freedom of speech and expression cannot be “absolute,” the Supreme Court refused to quash criminal charges against Marathi poet Vasant Dattatraya Gurjar for penning an alleged vulgar and obscene poem on Mahatma Gandhi in 1994.
Putting vulgar and obscene words in the mouth of “historically respected personalities” like Gandhi cannot pass the “contemporary community standards test” meant to adjudge the obscenity of an alleged literary work, Justices Dipak Misra and P C Pant said.
At the same time, the court upheld the Bombay High Court’s decision of not quashing charge under section 292 (sale, publication of obscene books) under the IPC framed against bank employee Devidas Ramchandra Tuljapurkar for publishing the “vulgar and obscene” poem on Gandhi in 1994 in an in-house magazine of which he was an editor. The bank employee had challenged framing of charges against him.
However, the Court quashed the criminal proceedings against the printers and publishers of the magazine in which the poem penned by Gurjar was published, saying they have already tendered an unconditional apology.
The bench asked Tuljapurkar, the then editor of in-house magazine of Bank of Maharashtra Employees Union, to express his point of view before the lower court during the trial. The bench noted that the publisher published the poem “Gandhi Mala Bhetala” in 1994 and “immediately” after coming to know its impact; he tendered an unconditional apology in the next issue of the magazine.
“Once he has tendered the unconditional apology even before the inception of the proceedings and almost more than two decades have passed, we are inclined to quash the charge framed against him as well as the printer. We are disposed to quash the charge against the printer, as it is submitted that he had printed as desired by the publisher. Hence, they stand discharged,” the bench said.
“Freedom of speech and expression has to be given a broad canvas, but it has to have inherent limitations, which are permissible within the constitutional parameters. We have already opined that freedom of speech and expression as enshrined under Article 19(1)(a) of the Constitution is not absolute in view of Article 19(2) of the Constitution.We reiterate the said right is a right of great value and transcends and with the passage of time and growth of culture, it has to pave the path of ascendancy, but it cannot be put in the compartment of absoluteness. There is constitutional limitation attached to it,” the bench said.
NEW DELHI: Hamdard Laboratories gathered a cross-section of India’s achievers in New Delhi on Friday, handing out the Hakeem Abdul Hameed Excellence Awards to figures who have left their mark across healthcare, education, sport, public service and the arts.
The ceremony, attended by minister of state for defence Sanjay Seth and senior officials from the ministry of Ayush, celebrated individuals whose work blends professional success with a sense of public purpose. It was as much a roll call of achievement as it was a reminder that influence is not measured only in profits or podiums, but in people reached and lives improved.
Among the headline awardees was Alakh Pandey, founder and chief executive of PhysicsWallah, recognised for turning affordable digital learning into a mass movement. On the sporting front, Arjuna Awardee and kabaddi player Sakshi Puniya was honoured for her contribution to the game and for pushing women’s participation onto bigger stages.
The cultural spotlight fell on veteran lyricist and poet Santosh Anand, whose songs have echoed across generations of Hindi cinema. At 97, Anand accepted the honour with characteristic humility, reflecting on a life shaped by perseverance and hope.
Healthcare honours spanned both modern and traditional systems. Manoj N. Nesari was recognised for strengthening Ayurveda’s place in national and global health frameworks. Padma shri Mohammed Abdul Waheed was honoured for his research-backed work in Unani medicine, while padma shri Mohsin Wali received recognition for his long-standing contribution to patient-centred care.
Education and social development also featured prominently. Padma shri Zahir Ishaq Kazi was honoured for decades of work in education, while former Meghalaya superintendent of Police T. C. Chacko was recognised for public service. Goonj founder Anshu Gupta received an award for his dignity-centred rural development initiatives, and the Hunar Shakti Foundation was honoured for empowering women and young girls through skill development.
The Lifetime Achievement Award went to former IAS officer Shailaja Chandra for her long career in public healthcare and governance, particularly in the traditional systems under Ayush.
Speaking at the event, Hamdard chairman Abdul Majeed said the awards were a tribute to those who combine excellence with empathy. “These awardees reflect Hakeem Sahib’s belief that healthcare, education and public service must ultimately serve humanity,” he said.
Minister Seth struck a forward-looking note, saying India’s young population gives the country a unique opportunity to become a global destination for learning, health and wellness by 2047.
The ceremony also featured the trailer launch of Unani Ki Kahaani, an upcoming documentary starring actor Jim Sarbh, set to premiere on Discovery on 11 February.
Instituted in memory of Unani scholar and educationist Hakeem Abdul Hameed, the awards have grown into a national platform that celebrates those building a more inclusive and resilient India. For one evening at least, the spotlight was not just on success, but on service with substance.
