Ahmedabad: The Gujarat High Court on Friday set aside Modi government`s order to ban Jaswant Singh`s book on Mohammad Ali Jinnah, saying that the notification by the authorities falls short of the requirements of the provisions of the law under which it was issued.The state government had issued a notification under section 95 of the CrPC on August 19 banning Singh`s book `Jinnah-India, Partition, Independence` on the ground that it was against "national interest" and the contents were "misleading".
The three-member bench headed by Chief Justice KS Radhakrishnan also said that the ban was a serious intrusion on fundamental rights of the citizens.
At the same time, the court said there is no restriction on the state government if it wants to come out with fresh notification.
In its order, the court said that the notification fails to mention the grounds on which the book should be banned. It
also said that the notification is silent on how the reading
of the book will affect tranquillity of the state.
The state government during the last hearing had urged the court to grant it time to come out with a fresh notification on proscribing the book.
During the last hearing, petitioners --Manishi Jani and Prakash Shah- had opposed the demand for time to issue a fresh notification and had sought an order on the present notification.
On the book ban issue on September one, the Supreme Court had issued notice to the Gujarat government on a petition by Singh and fixed the next date of hearing on September 8. Singh`s book if read in totality, portrays the image of Sardar Vallabhbhai Patel in a very derogatory manner and contains direct or indirect conclusions of the author, neither true nor warranted and are not acceptable to the people of Gujarat and the state government, the state government had said in its affidavit filed in the High Court.
The government had further stated that mentioning the grounds on which the notification was issued would frustrate the very object of issuing the ban on the book. And, therefore, it had refrained from stating elaborate grounds of its opinion.
Government sources said the state government is likely to issue fresh notification anytime.
Bureau Report
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookies Setting
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device and the processing of information obtained via those cookies (including about your preferences, device and online activity) by us and our commercial partners to enhance site navigation, personalise ads, analyze site usage, and assist in our marketing efforts. More information can be found in our Cookies and Privacy Policy. You can amend your cookie settings to reject non-essential cookies by clicking Cookie Settings below.
Manage Consent Preferences
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work or you may not be able to login.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we may not know when you have visited our site, and may not be able to monitor its performance.