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The ban and the law

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    The book denigrates the Sardar,” said a spokesman of the Gujarat government on the first day, giving the reason for banning Jaswant Singh’s book, “and that is not acceptable to the state.”

    No one could point to a single, not one single reference in the book that could be taken to denigrate Sardar Patel. Someone must also have realised that not being ‘acceptable’ to a state is not a ground on which a book can be banned under our Constitution and laws.

    Nonetheless the ban was notified — even as the seniormost officials of the state government were testifying that they did not know the reasons for the ban. The Indian Express (August 23, 2009) reported a senior official of the state’s home department as saying, “The legal department must have gone through the book. I have not read it.” “When contacted, state law secretary M.H. Shah also expressed ignorance about the reason for the ban,” the paper reported. But a ban nonetheless — The moving finger having writ…

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    But, lo and behold! In the notification banning the book, there is no reference to the Sardar at all! The notification declares, “the contents of the book are highly objectionable and against the national interest... the contents of the book are misleading to the public and are against the tranquility of the public and against the interests of the state” — hence the book is to be forfeited and its publication, display, sale and distribution “and any kind of its use” are prohibited.

    ... contd.

    Next1234
    I pray the Publishers challenge the ban and winBy: Giri | 27-Aug-2009 Reply | Forward I sincerely pray the Book's Publishers challenge the Gujarat ban and win the case. And I would be more pleased if the court takes the Gujarat govt to task for mindless banning. I disagree with Mr. Jaswant Singh's analysis of partition but he should be free to write his opinions.
    Hats off to Arun Shourie!!!By: Nirmalya | 26-Aug-2009 Reply | Forward Two points to be made. First freedom of thought expression to read, to write and to publish are the pillars of a developing, a developed society and any attempt to restrict that, as has been done in the case of Jaswant Singh, tentamounts to thwart the progress of the society. Thus the attack is not just on Mr Singh but spills over to countless people who thinks similar.Second issue is Tolerance. I am sorry to say that we, the so called educated modern people of India, are becoming more and more intolerent to any counter arguement,contrary observation, analysis or inference. I stress again we, means people like me who call themselves educated and modern. There exist a latent lava of intolerence that comes up in many of our private discussions, when the masks of otherwise broadminded liberal educated modern populace get removed.Is this the way that our polity, democracy and society should progress? We require hard hitting articles like this one. Really enjoyed reading it!
    Political coverBy: CL | 26-Aug-2009 Reply | Forward The Gujarat government's actions are clearly being dictated by local politics; to seize the "high" ground from the morally bankrupt Congress party seeking to exploit Jaswant Singh's foolish tome. The state government will no doubt heave a sigh of relief if the ban is overturned by the courts. Shourie should focus on the ball - the cleaning/clearing up of the BJP's underachieving leadership, rather than the side-issues of Jaswant Singh's irrelevancy and ignorance, or the Gujarat government's fear of bye-elections. The main obstacle to India's security and growth remains the corrupt undemocratic dynasty and its slavish courtiers in Delhi. The danger that they pose to India's future are a thousand-fold greater than anything that could rise from the storm-in-a-teacup that is l'affaire Jaswant Singh. It is imperative that a strong nationalistic opposition, imbued with fresh young blood, be built up over the next few years to effectively challenge the dynasty.
    Ban will be struck downBy: Srihari | 26-Aug-2009 Reply | Forward In all likelihood, ban would be struck down by courts. This excellent article would be of ready help to any advocate who would contest the ban in the court.
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