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Solicitor General Tushar Mehta's ‘naxal’ remark kicks off heated debate in SC

Senior advocate S Muralidhar objected to his remark during a Supreme Court hearing on Vande Mataram

PTI

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  • Solicitor General Tushar Mehta and senior advocate S Muralidhar

NEW DELHI, 22 SEPT 

Senior advocate S Muralidhar on Tuesday strongly objected to Solicitor General Tushar Mehta's reference to “Naxalites” during a Supreme Court hearing on Vande Mataram and demanded that the expression be withdrawn.

Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, was hearing a plea by Carnatic musician TM Krishna, represented by Muralidhar, challenging penal protection for the national song.

Muralidhar argued that the amendment had been enacted without adequate discussion, saying such issues should evolve through public opinion rather than a “top down approach”.

“Law-making is as per the Constitution. Law-making cannot be as per the Naxalites idea,” Mehta said while intervening.

Muralidhar objected and demanded withdrawal, saying the remark was being broadcast live and did not befit a law officer.

Mehta maintained that he was responding to Muralidhar's objection to the manner in which the decision was taken, stressing that Parliament had enacted the law in accordance with the Constitution.

Justice Bagchi said the exchange was creating “unnecessary tension”, while the CJI said the bench was only examining the constitutional issue.
The Solicitor General said he was not apologetic and repeated that he had referred to an ideology.

Senior advocate Sanjay Hegde, who was present for another matter, intervened, saying, “To have a mind of one's own is not to be a Naxalite.” 

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