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1. JINNAH: INDIA, PARTITION, INDEPENDENCE BAN
CASE
MOTION OF BANNING THE BOOK
NARSEE MONJEE INSTITUTE OF MANAGEMENT
STUDIES , INDORE
English Presentation 2020
Presented by – Punit Agrawal (BBA-LL.B.)
2. FACTS OF THE CASE
• Jinnah: India-Partition-Independence is a book
written by Jaswant Singh, a former Finance
Minister of India and an External Affairs Minister,
on Pakistan's founder Quaid-e-Azam Muhammad
Ali Jinnah.
• The book was released on 17 August 2009.
• The book contains remarks derogatory to Sardar
Vallabhbhai Patel and Jawaharlal Nehru.
• The book includes Defamatory references to the
architect of modern India, Sardar Vallabhbhai Patel.
3. CONTD.
Jaswant Singh in his book went on to maintain
that the policies of Sardar Patel and Nehru were
the compelling reasons for the conception of
separate Muslim state.
Publication of the book, was followed by heavy
criticism and riots in Gujarat, India. In view of
the attacks, The Gujarat high court take Suo moto
cognizance to ban the book in August 2009.
In September 2009, The Supreme Court of India
upheld the lifting of ban.
4. ARGUMENTS
Article 19 (2) restricts author to publish the book on the
ground of Defamation and not maintaining public
order
Section 21 of The Press and Registration of Book Act
(1867), state has power to stop publication of the book
Sardar Vallabhbhai Patel was not responsible for the
partition, Lord Churchill and Redcliff were the first
who proposed the idea if separate nation.
Author was political leader of opposition political
party, which means it may be a smart move to gain
public trust.
5. CONCLUSION
By observing and analysing all the facts it is
concluded that the book “Jinnah: India, Partition,
Independence” needs to be banned by the judiciary
because The book was followed by heavy criticism
and riots, which is the Ground reasonable
restriction of Article 19(1) of constitution of India
and the book also defamed great personalities like
Sardar Patel and Jawaharlal Nehru, who were the
biggest contributors to get India independent.