The Supreme Court has quashed criminal proceedings against noted sociologist and academic Ashis Nandy for his controversial remarks at the Jaipur Literature Festival in 2013, while also condemning his statements as “very objectionable”.
A bench of justices K Vinod Chandran and NV Anjaria noted that although Nandy’s comments on corruption among disadvantaged groups were indefensible, the 90-year-old had already tendered an unconditional apology and should not continue to face cases that had hung over him for more than a decade.
“Though we condemn the statements made by the petitioner in the strongest terms, we are of the opinion that in the peculiar facts and circumstances of the case and also considering that the petitioner is now a nonagenarian, we direct that the criminal complaints be quashed,” the bench held.
Nandy, represented by senior advocate Sunil Fernandes, had faced multiple proceedings including two FIRs — one in Jaipur and another in Jodhpur — and a private criminal complaint in Patna. His comments had sparked outrage at the time, with one of the panel members at the literature festival objecting immediately and terming the remark “bizarre”.
In its order, the court recorded that while Nandy was a “renowned intellectual and clinical psychologist, social theorist and critic of universal acclaim,” his standing did not excuse the nature of his remarks. “We cannot but condemn the statements made in the strongest terms, especially since it does not become a person of the petitioner’s status and his self-proclaimed attainments of acclaim and renown,” the bench observed.
{{/usCountry}}In its order, the court recorded that while Nandy was a “renowned intellectual and clinical psychologist, social theorist and critic of universal acclaim,” his standing did not excuse the nature of his remarks. “We cannot but condemn the statements made in the strongest terms, especially since it does not become a person of the petitioner’s status and his self-proclaimed attainments of acclaim and renown,” the bench observed.
{{/usCountry}}The court, however, said that the long pendency of cases had operated like a “sword of Damocles” over the nonagenarian, and quashed the two FIRs No.35/2013 and the criminal complaint pending against him. It clarified that the relief was granted “only by reason of the apology proffered” by Nandy, which had been recorded by the court in 2014.
“We notice that the petitioner is now 90 years old and the criminal cases were hanging over his head, akin to the sword of Damocles, for the last about 12 years. We are of the opinion that the criminal cases should be quashed, especially in the context of an apology having been unconditionally and unequivocally made before this court in a letter, which was recorded by this court on November 24, 2024,” stated the court order.
The sociologist was reported as saying that some of India’s most disadvantaged groups were the “most corrupt”. Nandy had later sought to clarify his controversial observation, saying that he did not mean to target disadvantaged groups but intended to highlight that they were more likely to get caught for corruption than the rich and powerful.