MANSHI JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Francis Bacon, Lord Chancellor of England and a renowned Jurist quoted thus;

(2.) Government of Gujarat in exercise of the powers conferred under Section 95 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") read with Section 153-A and 153-B of the Indian Penal Code (for short "IPC") issued a notification dated 19th August, 2009 ordering to forfeit and prohibit the book named "Jinnah-India, Partition, Independence" written by Shri Jashwant Singh and also its display, sale and distribution and any kind of its use in the State of Gujarat. Notification states that the Government of Gujarat has come to know of the publication of that book and finds that its contents are 'highly objectionable' and 'against the national interest'. Further, it is stated in the notification that the Government of Gujarat is of the opinion that the contents of the book are misleading to the public and are against public tranquillity' and 'against the interest of the State', and hence, the book be forfeited and prohibited in the interest of the State.

(3.) The first applicant claims to be a distinguished poet, a writer and a freelance documentary film maker and was a syndicate member of Gujarat University. First applicant has stated that he was the leader of Navnirman Movement of 1974. Second applicant is a Political Scientist and was a Lecturer in political science in the H.K. College of Arts, Ahmedabad and he is senior journalist, author and at present editor of a journal called "Nirikshak" and was also an Editor of Gujarati daily "Jansatta" and thereafter the "Times of India", Gujarati edition and was Advisor of "Divyabhaskar", a widely read Gujarati daily newspaper.