Justice Nagarathna put his opinion that it is the responsibility of Political Parties to control the speeches made by their ministers by formulating a code of conduct.The Judge also urged the Parliament to come up with a law to restrain public functionaries from making unlawful remarks against the citizens.
The Nagarathna who made a separate judgement has noted that a minister may make a statement in Personal capacity or official capacity. If statement will be in Personal capacity no vicarious liability can be attributed. However if the statement is official capacity is disparaging and relate to affairs of Government,such statements can be attributed to the government on the principal of collective responsibility.
She added that it is the stray remarks by a minister are not consistent with stand of government,it could be treated as personal remark.
The judgement has held that the right to freedom of speech and restrictions can be exercised not only against the state but also against non state- actor.
The bench has held the statement made by a minister in relation to government affairs can not be held against the government.
A mere statement by a minister which is inconsistent with the rights of citizens does not lead to a constitutional tort. However if as a consequence it leads to an offence ,it is constituanal tort.
