Modi government under fire on all fronts, Nariman and Sorabjee back Jaswant

Bar&Bench News Network

Sep 01, 2009

The Supreme Court today issued a notice to the Gujarat government to appear before it in relation to the notification banning Jaswant Singh's book. Senior Counsels Fali S. Nariman and Soli Sorabjee appeared on behalf of Jaswant Singh and argued that the notification was violative of his fundamental rights. The Supreme Court has admitted the petition and posted the matter for hearing on the 8th.

Yesterday, the Gujarat High Court also heard the PIL filed before it, challenging the notification. Under fire for not having enumerated grounds for the ban on his book, the Additional Advocate General, Tushar Mehta submitted that publication of the prohibited paragraphs would defeat the purpose of the ban on publishing the book.

When the Government clarified that it would issue another notification stating specifically the reasons for the ban, the Bench snubbed the AAG saying, "We are here to judge this notification, not the improved notification". Chief Justice Radhakrishnan, heading the Full Bench, said, "The notification must show an application of mind. These are mere words here and there.''

The Gujarat state government had banned Singh's book within two days of its release. The ban was challenged on technical grounds that the notification did not give reasons, as there was nothing in it that could cause disharmony between two groups. The High Court will hear the matter again on Tuesday.

 

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Comments(3)
  • 1. "Time for Modi to hold his lungi tight with Fali and Soli on the other side.". Aparna, Delhi
  • 2. "I have no words to appreciate the advocacy of Mr. Nariman and Mr. Sorabjee in favour of Mr. Jaswant Singh's fundamental rights being encroached by the ban of his book in exercise of one notification.After all, right to freedom of speech can not be seen in any narrow and communal eye.Nor, the said right be withheld under fright of executive might.Prior to a decision of injurious action on a work of creative analysis an in-depth reading is a must. Any superficial assessment in partisan spirit damages the quality of citizenship and is by all its entirety a miscarriage of justice and misinterpretation of the Constitution.". Pradeepta Mishra, HC Of Orissa,Cuttack
  • 3. "Mr. Nariman is known by the work he has done in past since from the Golaknath's case. And he has the abilitiy to protect the right thing. So also Mr. Sorabjee.I appreciate their work. And ofcourse the work of Jaswant Singh.". Khurana, Ferozpur (punjab)
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