The Supreme Court today 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 Muhammad 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".
