Lawfully yours: By Retd Justice K Chandru

A BJP candidate, who courted controversy for supporting Nathuram Godse who shot Mahatma Gandhi dead, has won from Ward 134 in the Greater Chennai corporation election with a clear mandate. I haven’t heard of any love-hate conflicts of Gandhi and Godse becoming a campaign point, but still, can a person who openly praised the killer of the Father of Nation at one point be allowed to hold a public office? Just like the right to worship is a fundamental right, is the right to praise or criticise anybody a part of freedom of expression?

Fascist Hitler also came to power initially through elections. As far as I know, only the Bangladesh constitution contains a provision banning anyone denigrating its leader Sheik Mujibur Rahman. In our country, no one has been given Demigod status. But there is a Fundamental Duty under Article 51-A that we should cherish the ideals which led to freedom for our country. The Supreme Court is hearing a case that seeks enforceability of the Fundamental Duties. The speech attributed to the elected councillor is, to say the least, uncivilised and unpardonable. But when the electors still elect a person what can we do? We should be happy that there is only one councillor out of 200 who is having such a view.