The ban on Jaswant's book came after he was expelled from the BJP during its Chintan Baithak in Shimla more than a fortnight ago.
The Supreme Court today sought a response from the Gujarat government on its decision to ban expelled BJP leader Jaswant Singh's controversial book on Pakistan founder Mohammad Ali Jinnah saying an ex-parte stay on the ban would not be appropriate.
The apex court preferred to give a week's time to Gujarat government to explain its stand for issuing notification banning the book 'Jinnah -- India, Partition, Independence' which has been challenged by Jaswant Singh.
"The ex-parte stay would not be appropriate," a bench comprising justices Altamas Kabir and Cyriac Joseph said while issuing notice to the state government for its response on Singh's plea seeking quashing of the notification banning the book on the charge that its contents were against public tranquillity and national interest.
The bench posted the matter for hearing on September 8 asking Gujarat government counsel Hemantika Wahi, who was present in the courtroom, to take instruction from the authorities for responding to the allegations made in the petition.
Senior advocates Fali S Nariman and Soli Sorabjee, appearing for the veteran politician and publisher of the book, Rupa and Co, contended that banning of the book was violative of fundamental rights of its author and publisher.
They sought preponment of hearing from September 11 contending that "it was not a bonafide attempt to ban the book" by Gujarat government as it violates the fundamental rights of speech and expression guranteed under Article 19 (1)(A) of the Constitution.
Before advancing the date of hearing, the bench wanted to know why the petition has been filed in the apex court instead of the Gujarat High Court.
Nariman said it was so because the right to speech and expression is a prefrential right like the right to life and liberty under Article 21.
Nariman and Sorabjee wanted the judges to read the book, to which they said they will do it after hearing the matter on September 8.
Jaswant Singh, who was present in the courtroom when his petition was mentioned by the two senior advocates, later told reporters that Gujarat government banned the book without reading it.
"Nobody has read the book. It is not possible that the book could be read between its launch and the day it was banned," he said.
Nariman and Sorabjee also submitted that within two days of the release of the book, Gujarat government came out with a notification to ban it.
Asked that he has made allegation of malafide on the part of Gujarat government, Singh said "it was an attempt to stifle and suppress my voice which amounts to suppression of thoughts and expression".
The-71-year-old politician challenged the state government's notification alleging the authority banned the book arbitrarily and without going through its contents.
"Fundamental right of freedom of speech has been sought to be taken away by Gujarat government by banning the book through a hasty and arbitrary notification," Singh said in his petition.
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