Call Me Back to the Court: Justice Nariman’s Remark on Section 66A and Free Speech

Alok Singh 

On 1st September, 2025, while speaking at the KM Bashir Memorial Lecture hosted by the Press Club of Ernakulam on “Fraternity in a Secular State: The Protection of Cultural Rights and Duties”, former Supreme Court judge Justice Rohinton F. Nariman stressed that constitutional principles must be internalised rather than treated as abstractions. He remarked that: “If you don’t actually feel constitutional values, they amount to nothing”.

During the interaction, a participant pointed to his landmark ruling that struck down Section 66A of the Information Technology Act, a provision long criticised for stifling free expression. The attendee contrasted that judgment with the recent controversy over the arrest of Ashoka University professor Ali Khan Mahmudabad for a social media post on Operation Sindoor, questioning whether the judgment’s intent was being fulfilled.

Justice Nariman, while taking the concern seriously, offered a humorous response: The only solution is to put me back on the bench. And I say that quite sincerely, bring me back.” The exchange, both reflective and light-hearted, highlighted how enduring questions about free speech and judicial enforcement remain at the centre of India’s constitutional discourse.

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