Ahmedabad, September 4
In an embarrassment to the Narendra Modi government, the Gujarat High
Court today lifted the ban on expelled BJP leader Jaswant Singh's book
on Mohammad Ali Jinnah observing its notification made a “serious
inroad” into a citizen's fundamental rights.
Reacting to the quashing of the government notification, an elated
Singh said he was “thrilled” and felt vindicated but voiced his
dismay at courts having to intervene in the matter.
“It is a matter of satisfaction that the court has lifted the ban
on the book (Jinnah: India, Partition, Independence),” Singh said,
adding the court had upheld freedom of speech.
The three-member bench headed by Chief Justice KS Radhakrishnan in
its order said: “It (the ban) amounts to making a serious inroad into
the fundamental rights guaranteed under the Constitution.”
In some hard-hitting observations, the court said: “It is difficult
to believe that the author of the notification has really read or
comprehended what the author of the book has to say”. The August 19
notification was silent as to how the contents of the book would
“affect and disturb” public tranquillity or interest of the state,
the judges said.
The court was of the view that notification issued by the state
government under Section 95 of the CrPC fell short of statutory
requirements of that Section and hence “could not stand in the eyes of
law”.
Asked whether the ban will be imposed again, Gujarat government
spokesman Jayanarayan Vyas said: “We should await the judgement, then
a mature decision will be taken.”
Gujarat government indicated that it will go ahead with its decision
to issue a second notification giving reasons for banning Jaswant
Singh’s book, saying the High Court directive against the ban does not
bar it from issuing a fresh order.
“The HC has set aside the notification issued by the state
government on technical grounds saying the notification failed to give
reasons as to why the book should be banned here,” state government
spokesperson Jaynarayan Vyas said.
He said the order of the HC “does not take away the right of the
state to come out with a fresh notification if the state so desires”
and added that the government has accepted the technical defects in the
notification issued by Narendra Modi government.
Indicating that a fresh notification may be issued for continuing the
ban on the book, Vyas said “we will study the HC order on the matter
and then take a decision. — PTI
