The Supreme Court on Thursday referred to a five-judge Constitution Bench several issues such as whether a public functionary or a Minister could claim freedom of speech while expressing views on sensitive matters which were under investigation.

A Bench headed by Chief Justice Dipak Misra considered the questions framed on the issue by senior advocates Fali S. Nariman and Harish Salve and said, “We are sending it to a Constitution Bench.”

The apex court had taken note of a controversial statement of ex-Uttar Pradesh Minister Azam Khan that the Bulandshahr gangrape was part of a “political conspiracy. Mr. Khan had tendered an unconditional apology which was accepted.

The Bench, comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, also said besides the issues framed by the two lawyers, the Constitution Bench would also frame questions to be dealt by it.

The court was hearing a plea filed by a man, whose wife and daughter were allegedly gang-raped in July last year on a highway near Bulandshahr, seeking transfer of the case to Delhi and lodging of an FIR against Mr. Khan.

Later, the Bench and the Bar discussed for some time the issue of the social media being used to make uncharitable or aggressive comments or to troll someone on any issue, including judges and judicial proceedings.

During the course of this discussion, the Bench also disapproved and expressed anguish over a statement made by a senior advocate and former Supreme Court Bar Association President Dushyant Dave that several judges were pro-government.

The Bench reacted by saying “they should sit in the Supreme Court to see how the government is hauled up.”