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'Freedom of speech takes precedence over contempt of court'
Onkar Singh in New Delhi | October 01, 2007 12:40 IST
Last Updated: October 01, 2007 12:41 IST
Fali Nariman, one of the best constitutional experts, said the freedom of speech and expression takes precedence over contempt of court should there be a choice between the two.
Nariman was speaking to Karan Thapar in a programme on CNN-IBN on Sunday.
"The winds of change are now blowing. It used to be much worse," he said while talking of contempt of court slammed against four Mid-Day journalists for exposing former chief justice of India Y K Sabharwal for a number of orders passed by him during the sealing drive of unauthorized constructions which the Delhi High Court held had lowered the dignity of the court.
He gave the example of Justice B K Mukherjee, who in 1952 held that freedom of speech was more important.
''It was Justice Sabharwal who brought the whole thing into the public domain by reacting and now by remaining silent would not serve any purpose. Two former chief justices of India have called for probe. I think it will be in the interest of public and himself to clear his name," he said.