Chaini Parwani –
Published On: November 27, 2021 at 13:30 IST
The Delhi High Court on Friday while highlighting the significance of Creative Voices and Intellectual Freedom noted that a Democracy would be at risk if a Freedom is denied.
The Court in its Order quoted a French Writer Voltaire stated, “While I wholly disagree with what you say, I will defend to the death your right to say it.”
Further the Court highlighted that the freedoms guaranteed by Article 19 are not liable to be freely expressed only if they fall in line with a majoritarian view. The 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 in the order.
Justice Yashwant Varma dismissed a Petition alleging a Ban on Congress leader Salman Khurshid’s new book, Sunrise over Ayodhya, in which he equates Hindutva groups with terror outfits like Islamic State and Boko Haram.
Furthermore, Justice Yashwant Varma stated “The freedom to freely express ideas and opinions cannot be permitted to be overshadowed by the ominous cloud of being non-conformist.”
The High Court noted that the Freedom of Speech and Expression as conferred and guaranteed by Article 19 of the Constitution must be respected by Courts unless it is determinately proved that the work would fall foul of the Constitutional or Statutory Restrictions on the exercise of that right which apply.
Justice Yashwant Varma sternly stated “Nobody had asked them to read it. They could have shut their eyes and not read it. What can we do if people are feeling so sensitive?”
Justice Varma, in the order, noted that the claims levelled and perceptions expressed are not based on a holistic reading of the work authored by Khurshid.