6 Sep 2009

Jaswant Singh's Book: Gujarat High Court

The book (Jinnah – India: Partition, Independence) which has been a scourge for many in the recent spate of political events, found itself being the subject-matter of judicial scrutiny. The background was a Notification issued by the Government of Gujarat finding the contents of the book to be ‘highly objectionable’ and ‘against the national interest’ and thereby ordering prohibition and forfeiture in the State. Thus the challenge before the High Court of Gujarat.

The decision of a larger bench of the High Court begins with an apt phrase of Francis Bacon: “Read not to contradict and confute; not to believe and take for granted; nor to find talk and discourse; but to weigh and consider. Some books are to be tasted, others to be swallowed, and some few to be chewed and digested: that is, some books are to be read only in parts, others to be read, but not curiously, and some few to be read wholly, and with diligence and attention.”

The Court while setting aside the ban on the book came down heavily on the Government and making some seething comments;
- “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”
- “Notification is silent as to how the contents of the books would affect and disturb public tranquility or interest of the State. No opinion has been expressed by the State in the notification. Lack of opinion means lack of thinking. Lack of thinking means lack of understanding.”

[Have a look at the complete text of the decision]

1 comment:

Dr. Sudha Jain, Advocate said...

Really,appreciable.your prompt thought is near to analytical approach.Keep it up.Blessings.