New Delhi Nov 27 PTI Free speech is not to be exercised only if it falls in line with the majoritarian view and right to dissent is the essence of a vibrant democracy the Delhi High Court has said while dismissing a plea to stop the publication circulation and sale of Congress leader Salman Khurshids new bookJustice Yashwant Varma who was dealing with the plea which claimed the book Sunrise Over Ayodhya Nationhood In Our Times impinges upon the faith of others said that rights guaranteed by the Constitution including free speech cannot be restricted or denied on perceived apprehension of being unpalatable and a democracy governed by the rule of law would be placed in serious peril if creative voices were stifled or intellectual freedom is suppressedIn his six-page order the judge quoted Voltaire While I wholly disagree of what you say I will defend to the death your right to say it and said that free speech must be zealously protected unless the work conclusively falls foul of the constitutional or statutory restrictionsThe right to dissent or to have and express a contrarian view with respect to current affairs or historical events are the essence of a vibrant democracy That fundamental and precious right guaranteed by our Constitution can neither be restricted nor denied merely on the perceived apprehension of the view being unpalatable or disagreeable to some The freedom to freely express ideas and opinions cannot be permitted to be overshadowed by the ominous cloud of being non-conformist the court said in its order passed on November 25The freedom to freely express ideas and opinions cannot be permitted to be overshadowed by the ominous cloud of being non-conformist it addedThe court noted that in the present case the book in its entirety was not even placed before the court for its consideration and the entire case rested solely on certain extracts appearing in one of the chaptersIn the petition the petitioner had claimed that certain excerpts from the book were agitating the Hindu community while threatening the security peace and harmony of the nationCounsel for the petitioner had contended that the book in its chapter called The Saffron Sky compared Hindutva to radical groups like ISIS and Boko Haram which could harm public peaceSo in a country like India which is perpetually on a communal tinderbox where religious sentiments run deep where respect for certain public and historical figures always come accompanied with veneration for their demi-god status it doesnt take much for malice to be coated with a toxic communal hue based on the contents of the book the petition had said PTI ADS ZMN

New Delhi Nov 25 PTI Asking what it could do if people were feeling so sensitive the Delhi High Court Thursday dismissed a petition to stop the publication circulation and sale of Congress leader Salman Khurshids book Sunrise Over Ayodhya Nationhood In Our TimesJustice Yashwant Varma who was hearing a plea which claimed the book by the former Union minister impinges upon the faith of others told the petitioner Vineet Jindal-- to ask people to not read the book insteadCounsel for the petitioner contended that the book in its chapter called The Saffron Sky compared Hindutva to radical groups like ISIS and Boko Haram which could harm public peaceAsk people not to buy the book or read it Tell people it is badly authored tell them to read something better People who are incensed should write their own chapter responded the judge who noted that the entire book was not before the court Claiming that it was the duty of all persons to maintain peace the lawyer added that the author was a public figure and there has already been an incident of violence concerning the bookNot impressed with the submission the judge remarked What can we do if people are feeling so sensitive They can shut their eyes Nobody has asked them to read it During the hearing the lawyer submitted that freedom of speech was unfettered and that the government should see before giving licence for the publicationThe court dismissed the submission saying the government has not given any licence and a publisher does not need a license The lawyer claimed that every communal riot has come backing and argued that the objectionable parts should be removed from the book before its circulation The petitioner a lawyer had claimed that certain excerpts from the book were agitating the Hindu community while threatening the security peace and harmony of the nationSo in a country like India which is perpetually on a communal tinderbox where religious sentiments run deep where respect for certain public and historical figures always come accompanied with veneration for their demi-god status it doesnt take much for malice to be coated with a toxic communal hue based on the contents of the book the petition statedOn November 17 an additional civil judge here had refused to grant an ex-parte injunction on a lawsuit by Hindu Sena president Vishnu Gupta to stop the publication circulation and sale of the book for allegedly hurting sentiments of a large section of society While declining interim relief the trial court had said the author and publisher had the right to write and publish the book PTI ADS RKS RKS