New Delhi, July 1: The Supreme Court today criticised the Gujarat government for its “intolerant” attitude towards “criticism” and restrained it from arresting social scientist Ashish Nandy.

An FIR had been registered against Nandy after he wrote a newspaper article blaming the Gujarati middle class for the state’s “hate politics”.

“Coming from the land of Mahatma Gandhi, you are so intolerant that you can’t accept any criticism?” a vacation bench asked the counsel representing the state government. “The article is not that bad…. There’s nothing in it…. Why are you prosecuting him and for what? Worse things have happened in this country.”

This is not the first time that the apex court has taken the Modi government to task. Immediately after the 2002 riots, former Chief Justice V.N. Khare had castigated it for failing in its raj dharma of protecting the life and liberty of citizens.

Another bench had later dubbed him a “modern-day Nero” while transferring the trial of the Best Bakery case to Maharashtra.

Nandy is facing non-bailable charges of promoting enmity between different groups and making assertions prejudicial to national integration. The charges entail a punishment of three years or a fine or both.

Nandy’s counsel Rakesh Khanna said his client was an “intellectual” and “was not running away”. “He is willing to co-operate in the investigations.”

The court restrained the state from arresting Nandy, saying: “He is 71! Let him have his peace.”

The apex court said: “He is a soft target…. So you catch him. Take some steps against any political leader, let’s see… even a municipal councillor.”