Supreme Court Denies Relief to Petitioner for Misuse of Free Expression Rights

Gurudath Shetty K's plea dismissed; Supreme Court advises seeking remedy in jurisdictional High Court

The Supreme Court of India, on December 19, 2025, dismissed a writ petition filed by Gurudath Shetty K against the State of Gujarat. The bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi ruled that the petitioner had misused his fundamental right to free expression and speech and thus could not be granted discretionary relief under Article 32 of the Constitution.

The petitioner, represented by a team of advocates including Mr. Vimal Puggal, Mr. Vishesh Kanodia, and Ms. Rashi Bansal, sought intervention from the Supreme Court, claiming that his rights under the Constitution were violated. However, the court found that the petitioner had "brazenly abused" the fundamental right, thereby disqualifying him from any discretionary relief.

The judgment emphasized the importance of responsible use of the rights enshrined in the Constitution, particularly the right to free expression and speech. The court maintained that such rights are not absolute and must be exercised within the bounds of the law to ensure the rights and dignity of others are not infringed upon.

In its order, the Supreme Court dismissed the writ petition but granted liberty to the petitioner to seek appropriate remedies before other courts, including the jurisdictional High Court. The court's decision highlights the judiciary's stance on maintaining the sanctity of fundamental rights while ensuring they are not exploited for unlawful or improper purposes.

Pending applications related to the case were also closed as part of the judgment, marking the conclusion of the proceedings in the Supreme Court.

Bottom Line:

Abuse of fundamental right of free expression and speech does not entitle the petitioner to discretionary relief under Article 32 of the Constitution.

Statutory provision(s): Article 32 of the Constitution of India, 1950

Gurudath Shetty K v. State of Gujarat, (SC) : Law Finder Doc Id # 2825134