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2009 Supreme(Guj) 511

K.S.RADHAKRISHNAN, AKIL KURESHI, K.M.THAKER
MANISHI JANI S/O THAKORLAL JETHALAL JANI – Appellant
Versus
STATE OF GUJARAT, THRO' CHIEF SECRETARY – Respondent


Advocates appeared:
MR AJ YAGNIK for Applicant(s) : 1 - 2.
MR TUSHAR MEHTA ADDL ADVOCATE GENERAL WITH MR DEVANG VYAS ADDL PUBLIC PROSECUTOR for Respondent(s): 1, 3,
None for Respondent(s): 2,

JUDGMENT

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 stat



















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