Banning the book “Jinnah: India-Partition-Independence” is a serious intrusion on fundamental rights of the citizens, the Gujarat High Court said on Friday ordering the government to lift the ban on the book written by expelled BJP leader Jaswant Singh.
The court also said the government had not read the book thoroughly and had not applied its mind in characterising the book as “against national interest” before imposing the ban.
The Gujarat government had proscribed the book in the state stating the contents of the book was “objectionable, misleading, and against public tranquillity”. The government had also claimed the book had misrepresented the image of Sardar patel and tried to tarnish his patriotic spirit. The book was banned for defamatory references to India’s first home minister, which was not acceptable to anyone, the government had said.
The state government had issued a notification under section 95 of the CrPC on August 19 banning Singh's book on the ground that it was against "national interest" and the contents were "misleading".
The HC, however, did not accept any of the government’s such contentions, but said the government could come out with fresh notifications in this regard, if it wanted.
The 71-year-old writer of the book, Jaswant Singh, welcomed the decision and said he was thrilled by the judgment. "It is a matter of satisfaction that the court has lifted the ban on the book, Singh said, adding the court had upheld freedom of speech.
Singh has also filed a separate case in the Supreme Court challenging the ban, which will be heard on September 8.
Within a couple of days of releasing the book, Jaswant Singh was expelled by BJP (Bharatiya Janata Party) from the party on August 19 without seeking any clarification from him; on the pretext of eulogising Mohammad Ali Jinnah, the founder of Pakistan, and making him custodian of secularism, and Nehru and Patel as the culprit of partition of India. The controversy surrounding the book, on the other hand, earned it good, zooming it to the top of the bestseller not only in India but also in Pakistan where Jinnah has the same respect as Gandhi in India.
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