PUCL condemns SG’s ‘Naxalite’ remark during TM Krishna hearing

The People’s Union for Civil Liberties (PUCL) has criticised Solicitor General Tushar Mehta for referring to “Naxalites” during a Supreme Court hearing on Carnatic vocalist TM Krishna’s challenge to amendments concerning the National Song.

The remark was made on Tuesday, September 22, while senior advocate S Muralidhar, representing Krishna, argued that the amendment had been passed hastily and without adequate deliberation. Responding to the submission, Mehta said that law-making must follow the Constitution and could not be based on what he described as the “Naxalites’ idea.”

Muralidhar objected to the reference and asked Mehta to withdraw it, arguing that the remark was unnecessary and that law officers were expected to maintain courtroom decorum. Mehta declined to retract his statement, saying that he stood by his argument and had no reason to apologise, The News Minute reported.

Justice Joymalya Bagchi, who was part of the bench headed by Chief Justice of India Surya Kant, intervened in the exchange. He observed that even if someone was labelled a Naxalite, the person would not lose their constitutional rights.

In a statement, the PUCL said that Mehta, as the Union government’s second-highest law officer, was expected to maintain judicial decorum and advance arguments based on constitutional principles rather than resorting to name-calling or labelling individuals.

The organisation argued that such submissions were inappropriate for an officer of the court and undermined the quality of arguments as well as the dignity of the Supreme Court.

Mehta later clarified that he had been referring to an ideology rather than labelling any particular individual. He said his point was that legislative decisions must be constitutional and could not be achieved through the use of arms.

The PUCL said the exchange took place during the hearing of Krishna’s petition challenging an amendment to Section 3 of the Prevention of Insults to National Honour Act, 1971. The amendment grants the National Song, Vande Mataram, the same statutory protection as the National Anthem.

Krishna has also challenged two orders issued by the Ministry of Home Affairs that require all six stanzas of Vande Mataram to be sung at specified official, ceremonial and cultural events.

The civil liberties organisation expressed strong disapproval of Mehta’s remarks and alleged that the Union government had increasingly used the term “Naxalite” to characterise views that differ from its position. It said that dissenting opinions, criticism and opposing positions were being categorised in this manner in an effort to discredit both the argument and the person expressing it.

The PUCL also defended Krishna’s public and intellectual contributions, describing him as an accomplished Carnatic vocalist and referring to his book We the People of India, which examines the history of the country’s national symbols, including the national flag, National Song, National Anthem and national emblem.

The organisation further cited Krishna’s collection of writings, The Spirit of Inquiry: Notes of Dissent, and referred to a description of him in the book’s foreword by Pratap Bhanu Mehta as an influential artistic voice of his generation.

The statement was signed by PUCL president Kavita Srivastava and general secretary V Suresh.

The Supreme Court has asked for the Union government’s response to Krishna’s petition challenging the amended law and the directives concerning the singing of Vande Mataram.