Astha
The Supreme Court has dismissed the plea filed against the Delhi High Court’s decision to allow Harper Collins to publish the book on Asaram Bapu – Gunning for the Godman: The True Story Behind Asaram Bapu’s Conviction.
Earlier, the Delhi HC had set aside the interim stay on the publication of the book issued by the District judge.
A bench headed by Justice A M Khanwilkar had dismissed the petition filed by the co-accused in the rape case of a minor, Sanchita Gupta. However, the bench has granted the petitioner the liberty to approach the High Court.
The Delhi High Court had held that discourse based on facts is protected under the freedom to speech and expression, provided it is not malicious.
Appearing for Gupta, Senior Advocate Devdatt Kamat said that the lower court’s order was set aside based on “flimsy grounds” and the book tarnished his client’s image.
The apex court noted that such issues of grievance should have been raised before the Delhi High Court.
While appearing for Harper Collins, Senior Advocate Kapil Sibal said that the lower court had committed an error of not recognising the settled principles against censorship before publication, which was unconstitutional, as it infringed the freedom of expression under Article 19 (1) (a).