There can be no quarrel about Supreme Court’s competence to quash criminal proceedings pending before Subordinate Courts. However, this power must be exercised sparingly and with circumspection. In S. Khushboo v. Kanniamal, (2010) 5 SCC 600 Supreme Court quashed several criminal proceedings initiated against actress Khushboo for comments she had made on pre-marital sex. Hon’ble Justice Balbir Singh Chauhan noted, there is a “need to tolerate unpopular views in the socio-cultural space… since the free flow of opinions and ideas is essential to sustain the collective life of the citizenry.” Hon’ble Justice R.F. Nariman in the recent Information Technology Act-Judgment has commented on S. Khushboo as ‘important‘ in  that “it refers to the market place of ideas concept that has permeated American Law.” It is for sure, the concept is going to receive further elucidation in future decisions.

Quiz Time: Connect