"He can't continue making statements like this. Whatever may be your intent you can't go on making statements," a bench headed by Chief Justice Altamas Kabir said.
"Tell your client he has no license to make such comments," the bench also comprising justices A R Dave and Vikramajit Sen told senior advocate Aman Lekhi who was appearing for 76-year-old Nandy.
The apex court issued notices and sought response of the Centre and the Rajasthan Government on a petition filed by Nandy seeking quashing of the FIR lodged against him for making the alleged statements at the literary festival.
"In the meantime, the petitioner (Nandy) will not be arrested in FIRs filed in connection with the statement made by him at the JLF, on January 26," the bench said.
The bench also issued notices to the Governments of Chhattisgarh, Maharashtra and Bihar and sought their response within four weeks as FIRs, in connection with his statement, have been lodged against him in Raipur, Nasik and Patna respectively.
The order was passed after brief opposition from an advocate claiming to be member of Dalit community, who said the scholar's petition seeking protection from arrest should not be entertained.
However, the bench said his objection could only be considered once he files an application.
The bench told Nandy that statements "are to be made in a responsible manner".
"Why do you say something which you don't want to intend," the court said when Lekhi was trying to impress upon the bench that a person cannot be punished for expressing an idea.(More)
