New Delhi: In a one-off case, the Supreme Court has ruled that the government has the power to ban or forfeit any publication that endangers public order, even if it means restricting the freedom of expression guaranteed by the Indian Constitution.
“Government has the power to confiscate material, which contain references that could spark violence,” the Bench comprising Justices B P Singh and H S Bedi observed while upholding the Karnataka government's decision to ban a vernacular novel in the state.
The ruling comes in the wake of a ban imposed by Karnataka government on a novel titled Dharmakaarana which allegedly contains derogatory references to a 12th century saint Basaveshwara. The novel was banned in 1995 by the state government following a public outcry.
However, author P V Narayana and others challenged the ban in the Karnataka High Court, which upheld the government's decision. Following this, an appeal was filed in the Supreme Court.
The court said “forfeiture of a newspaper, book or a document is a serious encroachment on the right of a citizen, but if the forfeiture is called for in the public interest, it must without a doubt have pre-eminence over any individual interest.”
The novel was banned under section 95 of CRPC under which the government can ban any book or publication that contains objectionable matter that is intended to promote feelings of enmity and hatred between different classes of citizens.
With inputs from PTI
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