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2016 Supreme(Mad) 1886

SANJAY KISHAN KAUL, PUSHPA SATHYANARAYANA
S. Tamilselvan – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Senthilnathan, Mr. Sathish Parasaran, Mr. S.P. Chockalingam and Mr. G. Karthikeyan.
For the Respondent:Mr. P.H. Aravindh Pandian, Additional Advocate General Assisted by Mr. S.T.S. Murthi, Government Pleader, Mr. V.R. Kamalanathan, Addl. Govt. Pleader, Mr. V. Shanmugasundar, Government Advocate, Mr. J. Madanagopal Rao, Central Govt. Standing Counsel, Mr. Satish Parasaran, Dr. V. Suresh, Mr. S.P. Chockalingam, Mr. G. Karthikeyan, Mr. C.D. Johnson, Mr. K. Gangadaran, Mr. S. Shanmugavelayutham, Public Prosecutor Mr. M. Maharaja, Additional Public Prosecutor.

ORDER :

1. “I may not agree with what you say, but will defend to the death, your right to say it”, said the author Voltaire (Attributed to Voltaire by S.G. Tallentyre in “The Friends of Voltaire” 1907).

Prelude

India has the benefit of one of the most modern and liberal Constitutions. It is reflective of its rich and diverse heritage, yet enunciating the modern principles of democracy, as distinguished from a feudal society. One of the most cherished rights under our Constitution is to speak one’s mind and write what one thinks. No doubt, this is subject to reasonable restrictions, but then the ambit of what one can do is wide.

2. Whether the society is ready to read a particular book and absorb what it says without being offended, is a debate which has been raging for years together. Times have changed. What was not acceptable earlier became acceptable later. “Lady Chatterley’s Lover” is a classical example of it. The choice to read is always with the reader. If you do not like a book, throw it away. There is no compulsion to read a book. Literary tastes may vary – what is right and acceptable to one may not be so to others. Yet, the right to write is unhindered. If the contents seek











































































































































































































































































































































































































































































































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