HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN

Francis Bacon, Lord Chancellor of England and a renowned Jurist quoted thus;

“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.”

2. Government of Gujarat in exercise of the powers conferred under Section 95 of the Code of Criminal Procedure, 1973 (for short “Cr.PC”) read with Section 153A and 153B of the Indian Penal Code (for short “IPC”) issued a notification dated 19th August, 2009 ordering to forfeit and prohibit the book named “Jinnah-India, Partition, Independence” written by Shri Jashwant Singh and also its display, sale and distribution and any kind of its use in the State of Gujarat. Notification states that the Government of Gujarat has come to know of the publication of that book and finds that its contents are `highly objectionable' and `against the national interest'. Further, it is stated in the notification that the Government of Gujarat is of the opinion that the contents of the book are `misleading to the public and are against public tranquility' and `against the interest of the State', and hence, the book be forfeited and prohibited in the interest of the State.

3. The first applicant claims to be a distinguished poet, a writer and a freelance documentary film maker and was a syndicate member of Gujarat University. First applicant has stated that he was the leader of Navnirman movement of 1974. Second applicant is a Political Scientist and was a Lecturer in political science in the H.K. College of Arts, Ahmedabad and he is senior journalist, author and at present editor of a journal called “Nirikshak” and was also an Editor of Gujarati daily “Jansatta” and thereafter the “Times of India”, Gujarati edition and was Advisor of “Divyabhaskar”, a widely read Gujarati daily newspaper.

4. Petitioners have submitted that the notification banning display, sale and distribution and any kind of use of the book in the State of Gujarat has made an inroad to their fundamental rights to read, comprehend and criticize its contents. Petitioners submit that they may not perhaps agree with the contents of the book and the views of the author about the role played by Sardar Vallabhbhai Patel, the Iron Man of India and Pandit Jawaharlal Nehru. Further, it is also stated that they may not agree with the views expressed in the book about the role played by Jinnah during partition, but they have a right to read, understand and express their free opinion on the book. Further, they state, they hold Sardar Vallabhbhai Patel and Jawaharlal Nehru in high esteem and that the role played by them in India's independence is history. Petitioners also state that they do not support any denigration of Sardar Vallabhbhai Patel and Jawaharlal Nehru but they have right to know contents of the book and express their free opinion for and against which is a fundamental right guaranteed to them under the Indian Constitution.

5. Learned counsel Shri A. J. Yagnik appearing for the applicants submitted that the Government have not expressed any opinion on the contents of the book and have not explained as to how the contents of the book are `misleading to the public', and `against public tranquility' and `against the interest of the State'. Learned counsel submitted that the Government have not stated as to how Section 153A and 153B of IPC have been attracted, and their violation would result imprisonment in jail. Learned counsel submitted that formation of an opinion and the grounds for such formation are sine qua non for the validity of the notification and the notification which does not satisfy those requirements, would be not in conformity with law, hence, the same i