New Delhi: The Supreme Court on Tuesday issued
notice to the Narendra Modi government on a petition filed by
expelled BJP leader Jaswant Singh challenging the order
banning his controversial book on Mohammad Ali Jinnah in
Gujarat.
A bench comprising Justice Altamas Kabir and Cyriac
Joseph asked the state government`s counsel to seek
instruction on the issue and posted the matter for further
hearing to September 8.
Senior Advocates Fali S Nariman and Soli Sorabjee,
appearing for the veteran politician, contended that banning
of the book was violative of fundamental rights of its author
and publisher.
Gujarat government had banned the book on Pakistan`s
founder on August 19, two days after its launch, on the charge
that its contents were against public tranquillity and
national interest.
The 71-year-old politician challenged the state
government`s notification alleging that the authority banned
the book `Jinnah -- India, Partition, Independence`
arbitrarily and without going through its contents. It amounts
to violation of his fundamental rights of speech and
expression, Singh said.
"Fundamental right of freedom of speech has been
sought to be taken away by the Gujarat government by banning
the book through a hasty and arbitrary notification," Singh,
who has written ten books, said in his petition.
Terming the ban as illegal, the eight-time MP
submitted that the book was based on "historical facts" and
five years of extensive research and that it could not be
proscribed on the state government`s "specious" plea.
Singh said the step against his book amounted to
"banning thinking" and likened it to the one taken against
noted author Salman Rushdie for his controversial work
`Satanic Verses`.
"A bare perusal of the notification showed the ban
was put on the book by the state government without caring to
go through its contents. The notification does not refer to
any passage or excerpts in the book which, according to the
government, is objectionable or against the interest of the
state," Singh said.
"It is self-evident that the authority issuing the
notification had not read the book before passing the order.
The ban order came less than 48 hours of the release of the
book and it is highly unlikely that the authority could
possibly have read the book running into 669 pages," the
petition filed by Singh, along with the publisher of the book,
Rupa and Co., said.
The state government notification had said it is of
the opinion that the contents of the book are "misleading to
the public and are against the tranquility of the public and
against interests of the state".
While imposing the ban hours after Singh was expelled
from the party on August 19, the state government had alleged
it had defamed the image of the country`s first Home Minister
Sardar Vallabhbhai Patel by "questioning his patriotic
spirit".
Bureau Report
