Kancha Ilaiah: Every author has a fundamental right to speak out ideas freely, Supreme Court
The Supreme Court dismissed has dismissed a petition seeking ban on book ‘Samajika Smugglurlu Komatollu’ written by Professor Kancha Ilaiah.
A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud also noted in its order that every author has the right to speak ideas freely and that freedom of speech and expression has been put on the highest pedestal by the Supreme Court.
The Court in its order noted the prayer of the petitioner:
“In this writ petition, the petitioner has prayed for a writ of mandamus to ban the book ‘Samajika Smugglurlu Komatollu’ written by Professor Kancha Ilaiah and further to ban chapter 9 of a book titled ‘Post-Hindu India’ and chapter 9 of ‘Hindutv-Mukt Bharat’.”
It then proceeded to state that any such prayer should be strictly scrutinised and that every author or writer has the fundamental right to express his thoughts and ideas.
“Suffice it to say that when an author writes a book, it is his or her right of expression. We do not think that it would be appropriate under Article 32 of the Constitution of India that this Court should ban the book/books. Any request for banning a book of the present nature has to be strictly scrutinized because every author or writer has a fundamental right to speak out ideas freely and express thoughts adequately. Curtailment of an individual writer/author’s right to freedom of speech and expression should never be lightly viewed.”
It dismissed the petition while also stating that the right to freedom of speech and expression has been put on the highest pedestal by the Supreme Court.
“Keeping in view the sanctity of the said right and also bearing in mind that the same has been put on the highest pedestal by this Court, we decline the ambitious prayer made by the petitioner.”
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கே. எஸ். இராதாகிருஷ்ணன்.
15-10-2017
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