Archive · 5 Dec 2025
Ex-CJI Warns of Free Speech Damage from Delayed Proceedings
Former Chief Justice of India, Justice Bhushan R Gavai, spoke about how delayed proceedings in free speech cases can cause serious harm.
He said that when cases take years to resolve, the process itself can be a punishment, even if the person is eventually found not guilty.
This delay can damage their freedom, reputation, and ability to express themselves.
He also talked about how the Supreme Court has been dealing with new challenges related to free speech and the internet.
Justice Gavai emphasized the importance of balancing free speech with responsible discourse, especially in the digital age where social media can spread hate speech and cyberbullying.
Chief Justice Shree Chandrashekhar of the Bombay High Court also stressed the need to protect free speech while preventing misuse.
Former CJI Bhushan R Gavai warned that delayed proceedings in free speech cases can cause irreversible damage to liberty and reputation.
He emphasized that the process itself can become a punishment, even if the accused is eventually acquitted.
Justice Gavai highlighted the intersection of procedural and constitutional law in free speech cases.
He referenced the Electoral Bonds judgement, where the Supreme Court prioritized the voter's right to know over donors' privacy.
The former CJI also discussed the challenges of free speech in the digital age, including misinformation and the power of digital intermediaries.
Chief Justice Shree Chandrashekhar of the Bombay High Court stressed the need to balance free speech with responsible discourse, especially in the digital age.
Both justices agreed on the importance of the judiciary's role in interpreting restrictions fairly to ensure liberty thrives without chaos.
- Who
- Justice Bhushan R Gavai, former Chief Justice of India
- What
- Warning about the impact of delayed proceedings on free speech cases
- When
- Friday evening
- Where
- Bombay High Court building
- Why
- To highlight the intersection of procedural and constitutional law in free speech cases
- Speaker
- Justice Bhushan R Gavai, former Chief Justice of India
- Event
- Justice KT Desai Memorial lecture
- Location
- Bombay High Court building
- Topic
- Freedom of speech and expression: Its scope and limitation under the constitution
- Key Point
- Delay in free speech cases can cause irreversible damage to liberty and reputation
- Landmark Judgement Referenced
- Electoral Bonds judgement
- Digital Age Challenges
- Misinformation, surveillance, and monopolistic power of digital intermediaries