As Case Against Azam Khan Moves Forward, Freedom of Speech Once Again at Judicial Mercy

Ashwini Tallur and Satya Prasoon, associates at CLPR, wrote in The Wire about the Azam Khan case and the role of the judiciary in protecting the Freedom of Speech. They analyze the judgments passed on this right over the past two years and identify a worrying trend of imposing restrictions on free speech. They contend that it is unconstitutional for the judiciary to impose these restrictions on the grounds of “constitutional compassion” and “constitutional sensitivity”. They conclude that the singular focus on outcomes, by the public and the judiciary, while ignoring the reasoning could lead to untenable or biased verdicts that could take years to overrule.