The Gujarat government is likely to file an appeal in the Supreme Court challenging the Gujarat High Court verdict striking down its notification banning Jaswant Singh’s book Jinnah India-Partition, Independence.’
Counsel for Gujarat Hematika Wahi made a submission to this effect on Tuesday before a Bench of Justices Altamas Kabir and Cyriac Joseph, which is hearing a petition filed by the expelled BJP leader challenging the ban.
Matter now infructuous
Earlier, Justice Kabir told counsel for the parties that since the notification had been struck down, the matter became infructuous.
However, senior counsel Fali Nariman, appearing for Mr. Singh, and senior counsel Soli Sorabjee, appearing for the publisher, wanted to know whether the State was preferring an appeal or not against the High Court verdict. At this, Ms. Wahi said the government was considering filing an appeal.
In a brief order, the Bench said: “Since the notification challenged in the writ petition has been struck down, no interim order is required to be passed at this stage.” As the government was considering filing an appeal, it would proceed with the matter.
Hearing on October 20
While admitting Mr. Singh’s writ petition, the Bench posted the matter for further hearing on October 20 and asked the government to file its response in the meantime.
Mr. Singh, along with publisher Rupa and Co., said the book pertaining to the Partition era included appendices which reflected in-depth research on the subject as well as supported the commentary and thesis on the role of Mohammad Ali Jinnah in Partition.
The book was intended to be circulated throughout India and any impediment to its distribution and circulation in one State would constitute an infringement on his fundamental right.