In its order delivered today, the Court noted that there are larger issues of freedom of speech that needs to be seen.
“Thus, there are larger issues of fundamental right of freedom of speech guaranteed under Article 19(1)(a) of the Constitution canvassed by Mr.Seervai against the restrictions put on that right under Article 19(2) as canvassed by Mr. Venegavkar which included the aspect of decency, morality and public order. All these questions raised by both the sides deserve serious consideration. Hence, arguable points are raised and, therefore, we are inclined to admit this petition.”
Subsequently, it refused to stay the investigation. However, it granted interim protection to Kamra from arrest.
“In the background of the above discussion, we are not inclined to grant complete stay on the investigation of this case which is still in progress. The Petitioner has also shown willingness to give his own statement. It is the case of the petitioner that he has been receiving death threats, therefore, his security is of concern. To that extent, some protection can be granted to him. Learned counsel for the petitioner has submitted that the statement can be recorded in Chennai if reasonable notice is given to the petitioner. Therefore, the investigation can continue, however, it is not necessary to arrest the petitioner,” the Court said.
