Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – Art.19(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India – Art.19(2) – Freedom of speech andexpression – Imposition of reasonable restriction – Petitionerseeking issuance of writ to ban the novel named ‘Meesha’ –Allegation that the said literary work insulting and derogatory tothe temple going women and has the potentiality to disturb the publicorder, decency – Held: If books are banned on such allegations,there can be no creativity – Such interference by constitutional courtswould lead to end of art – Freedom enjoyed by an author is notabsolute, but before imposition of any restriction, the duty of theCourt is to see whether there is really something that comes withinthe ambit and sweep of Art.19(2) – Creativity and the author’sperception of the universe are to be borne in mind – It cannot beasked to succumb to specifics, else would tantamount to imposition– Writer should have free play with words – Passion of imaginationcannot be directed – Final publication must not run counter to lawbut the application of the rigours of law has to also remain alive tothe various aspects – On facts, character of ‘Meesha’ as has beenprojected shows the myriad experiences with different situations –Appreciated from either point of view, it cannot be denied that it isa manifestation of creativity – In view thereof, Writ petition dismissed |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 784 |
Petitioner | N. Radhakrishnan @ Radhakrishnan Varenickal |
Respondent | Union Of India And Others |
SCR | [2018] 11 S.C.R. 1 |
Judgement Date | 2018-09-05 |
Case Number | 904 |
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