JUDGMENT

Dipak Misra, CJI

A writer or an author, while choosing a mode of expression, be it a novel or a novella, an epic or an anthology of poems, a play or a playlet, a short story or a long one, an essay or a statement of description or, for that matter, some other form, has the right to exercise his liberty to the fullest unless it falls foul of any prescribed law that is constitutionally valid. It is because freedom of expression is extremely dear to a civilized society. It holds it close to its heart and would abhorrently look at any step taken to create even the slightest concavity in the said freedom. It may be noted here that we are in this writ petition, preferred under Article 32 of the Constitution, dealing with creativity and its impact and further considering the prayer for banning a book on the foundation that a part of it is indecent and offends the sentiments of women of a particular faith. Having said this, we would like to refer to two authorities highlighting the importance of creativity and necessity of freedom of expression and how the principle of pragmatic realism assures the said creative independence as civilization, indubitably a progressive one, perceive