WP(Crl.) 113/2016
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ITEM NO.13
COURT NO.3
SECTION X
S U P R E M E C O U R T O F RECORD OF PROCEEDINGS
I N D I A
Writ Petition (Criminal) No.113/2016 KAUSHAL KISHOR
Petitioner(s) VERSUS
STATE OF UTTAR PRADESH AND ORS.
Respondent(s)
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(With appln.(s) for ad interim orders and bringing on record the additional facts and permission to file additional documents)
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Date : 15/12/2016 This petition was called on for hearing today. CORAM :
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HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE AMITAVA ROY
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Mr. Fali S. Nariman, Sr. Adv. (A.C.)
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For Petitioner(s)
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Mr. S.C. Sharma, Adv. (A.C.)
For Respondent(s)
Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2016.12.15 17:08:44 IST Reason:
Mr. Kislay Pandey, Adv. Mr. Ankur Gogia, Adv. Amiy Mishra, Adv. Ms. Manju Jetley, AOR Mr. Ms. Ms. Mr. Mr. Mr. Mr. Mr.
Mukul Rohatgi, AG Madhavi Divan, Adv. Nidhi Khanna, Adv. R. Balasubramanian, Adv. Prakash Gautam, Adv. Prabhas Bajaj, Adv. Akshay Amritanshu, Adv. Mukesh Kumar Maroria, AOR
Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr.
Kapil Sibal, Sr. Adv. S. Wasim A. Qadri, Adv. Nizam Pasha, Adv. Jubair Ahmad Khan, Adv. Zaid Ali, Adv. Tamim Qadri, Adv. Mudasir Nabi, Adv. Lakshmi Raman Singh, AOR
WP(Crl.) 113/2016
2 Mr. Vijay Bahadur Singh, Adv. Gen. Mr. Ravi Prakash Mehrotra, AOR Mr. Abhinav Kr. Malik, Adv.
UPON hearing the counsel the Court made the following O R D E R In pursuance of our order dated 7th December, 2016, a fresh affidavit has been filed on behalf of the respondent No.2.
Paragraph 3 of the affidavit states as follows:-
India, Mr.
Mr.
S.C.
Mukul Fali
Sharma,
Rohatgi, S.
learned
Nariman,
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Mr.
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AW
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“The answering respondent wishes to state that if by any statement made by the answering respondent the petitioner has felt insulted or humiliated, then the answering respondent unconditionally and without reserve expresses his sincere and heartfelt remorse in this regard.”
learned
Attorney
learned
counsel,
senior
who
are
General
for
counsel
and
assisting
the
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Court, Mr. Kislay Pandey, learned counsel for the petitioner, as
the
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inasmuch
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very fairly stated that this Court may accept the affidavit, without
remorse.
reserve The
respondent
No.2
has
has
expressed
his
said
affidavit
is
unconditionally
sincere accepted.
and As
and
heartfelt we
have
accepted the affidavit, the matter stands closed as far as the respondent No.2 is concerned.
However, the questions
framed vide order dated 29th August, 2016, are required to be debated.
Let the matter be listed for the said purpose on 8 th
February, 2017. Mr.
Kabil
Sibal,
learned
senior
counsel
has
submitted that the questions framed by this Court involve extremely significant issue relating to freedom of speech and expression within the constitutional contours and, therefore, he would like to assist the Court. Attorney
General
and
Mr.
Fali
S.
Mr. Rohatgi, learned
Nariman,
learned
senior
WP(Crl.) 113/2016
counsel
3 appointed
as
Amicus
Curiae
by
this
Court,
have
submitted that it is desirable that Mr. Sibal puts forth his point of view in respect of the questions which have been framed by this Court.
It has also been so stated by Mr.
Vijay Bahadur Singh, learned Advocate General along with Mr. Ravi Prakash Mehrotra, learned counsel, for the State of U.P.
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Call on the date fixed.
(H.S. Parasher) Court Master
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IV
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(Chetan Kumar) Court Master
