Gujarat HC lifts ban on Jaswant book

AHMEDABAD/NEW DELHI: The Gujarat high court on Friday lifted the state government's ban on expelled BJP leader Jaswant Singh's book,
'Jinnah-India, Partition, Independence' while observing that the proscription showed lack of thinking on part of the political leadership.

In response, Gujarat BJP tried to brazen it out saying there was no court order barring the state government from issuing a fresh notification for a ban.

The high court observed that the ban could not stand up to legal scrutiny. Acting on a petition filed by two Ahmedabad-based activists challenging the August 19 notification banning the book, a full bench comprising Chief Justice K S Radhakrishnan, Justice Akil Kureshi and Justice K M Thaker pulled up the Narendra Modi government for issuing a baseless notification.

In New Delhi, an elated Singh said he was "thrilled" and felt vindicated. "It's a matter of satisfaction that the court has lifted the ban," Singh said, adding that the court had upheld the freedom of speech.

The Gujarat government, however, brushed the judgement aside with health and family welfare minister Jaynanarayan Vyas saying, "The agreement on the ban on the book was across party lines. Moreover, the court has not barred the state government from issuing a fresh notification." However, Vyas did not specify if the government would come out with a fresh ban notification.

Quoting famous jurist Francis Bacon on the importance of books, the judges underlined the fact that the state government had banned Singh's tome without reading it. "The government has noticed only the publication of the book and not its content," the court inferred from the language in the notification.

"The notification is silent on how the contents would affect and disturb public tranquillity or interests of the state. Lack of opinion means lack of thinking. Lack of thinking means lack of understanding," the court said adding, "Remember, the state is dealing with the fundamental rights of its citizens and, therefore, great amount of caution, prudence and care is expected."

The state government had argued the book could provoke communal riots and the people might feel offended by Singh's portrayal of Sardar Vallabhbhai Patel but failed to provide grounds for concluding that it would threaten public tranquillity.

The judges upheld petitioners' advocate Anand Yagnik's contention that the notification falls short of statutory requirements of Section 95 of the CrPC under which it was banned. Publication, circulation, display and sale of the book in Gujarat is henceforth allowed.