Govt pulled up for ‘lack of thinking’ on Jinnah book

The special bench of the Gujarat high court which, on Friday, set aside the ban imposed on Jaswant Singh’s book by the state government, pulled up the government for issuing a ban order without giving satisfactory reasons. The bench also turned downed the request of the government counsel that the government be given some time to issue a fresh notification elaborating the reasons for the ban.

The order delivered by the three-judge bench says: “The language of the opening portion of the notification denotes that ‘it has come to the notice of the government of Gujarat about publication of the book.’ The government has, therefore, noticed only the publication of the book and not what the book contains.”

The order goes on: “The rest of the paragraphs of the notification have to be understood in the light of the above-mentioned paragraph; and, if so understood, 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.”

About the notification’s contention that the contents of the book were ‘highly objectionable’ and ‘against the national interest’, the court said: “In what manner the contents are objectionable and against the national interest is not discernible from the text of notification.”

Expressing its anguish over the notification, the bench said: “Lack of opinion is lack of thinking; lack of thinking means lack of understanding. Remember, the state is dealing with the fundamental rights of its citizens and, therefore, great amount of caution, prudence and care is expected. Nothing is discernible from the notification as to how the contents of the book would promote enmity between [people] on the grounds of religion, race, place of birth, residence, language etc., and result in ill-feeling amongst them.”

The court order further says: “Law is settled that when the government is exercising powers under section 95 of CrPC, the government has to form an opinion and those opinions that give rise to the grounds have to be stated in the notification issued.”
Earlier, in an affidavit, the state government had said: “The book contains disparaging, derogatory and defamatory remarks against Sardar Vallabhbhai Patel, who is
considered to be one of the greatest legends in the polity of the country to have hailed from Gujarat.”

The government had further said that the “book also contains several material passages which promote or has the potential to create disharmony or feeling of enmity, hatred or ill-will between Hindus and Muslims.”

The government affidavit also said: “Perusal of the book by the state government has clearly revealed that the contents of the book portray the image of Sardar Vallabhbhai Patel in a very derogatory manner and contain direct or indirect conclusions of the author, [that are] neither true nor warranted, and are not acceptable to the people of Gujarat as well as [to] the state government.”