The Supreme Court on Monday asked the Narendra Modi government to explain within a week why the ban on expelled BJP leader Jaswant Singh’s book, Jinnah — India, Partition, Independence, was imposed.

The bench comprising justices Altamas Kabir and Cyriac Joseph sought a response from the state which allegedly “in haste and illegally” issued a notification forfeiting and prohibiting the display, sale and distribution of the book across Gujarat. It added that issuing an interim order for staying the said notification without hearing the government’s response would “not be appropriate”.

“The ex-parte stay would not be appropriate,” the bench said even as Jaswant Singh himself witnessed the proceedings along with two senior counsels — Fali S Nariman and Soli J Sorabjee, arguing on his behalf.

Singh along with the publisher, Rupa and Co. has sought a direction from the apex court for quashing the notification dated August 19, two days after the book was launched, issued purportedly on the grounds that its contents were against public tranquillity and national interest.

Refraining from staying the said notification immediately, the bench decided to give state counsel Hemantika Wahi a week’s time to seek instructions and then examine the matter. Accordingly, it issued a notice to the government, posting the matter for September 8.

Right at the outset, the Bench was curious to know why a writ had been filed in the apex court instead of the Gujarat High Court. To this, Nariman submitted that the alleged act of banning the book violated the Fundamental Right to Speech and Expression, which is a “preferential right” like the Right to Life and Liberty under Article 21 of the Constitution.

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