Professor Ashis Nandy, the leading sociologist, academic and political critic told the Supreme Court that he was ready to apologize unconditionally for an article he wrote in 2008 in the Times of India. It had triggered the registration of an FIR against him for showing the state of Gujarat in a bad light.
According to news reports, the FIR was lodged in January 2008 against Nandy for offences under Sections 153A (promoting communal disharmony) and 153B (imputations, assertions prejudicial to national integration) of the IPC. The petitioner was a Mr. V K Saxena, who is currently the Chairman of Khadi and Village Industries Commission and President of Ahmedabad-based NGO National Council for Civil Liberties (NCCL).
It stemmed from Nandy’s remarks in the article on the people of Gujarat after the 2007 Assembly polls in which Narendra Modi-led BJP had remained in power. As per the FIR, “the article was a critical analysis of outcome of Gujarat Legislative Election held in December, 2007 and he had commented on a sad and unfortunate polarization amongst people of Gujarat.” The FIR by Mr. Saxena alleged that the article contained intemperate, distasteful, undue harsh, vituperative and sharp statement showing Gujarat in general and Gujaratis in particular in low light.
When the matter came up for hearing this week, Nandy’s counsel sought to adjourn the matter as the senior advocate was not available to argue the case. However, the bench said matters are usually adjourned only when senior advocates are in personal difficulty, and since that was not the case in this instance it wanted to proceed with it.
At this point, 79 year old Nandy’s advocate said he was ready to tender an unconditional apology which could be published in the same newspaper that carried the controversial article.
In response, the bench has asked the Gujarat government’s counsel and the petitioner’s advocate to take instructions and posted the matter for hearing next week.
Prior to this Nandy had taken the stance that this FIR was registered out of malafide intentions and wanted to penalize him for his bonafide views.
