N. RADHAKRISHNAN @ RADHAKRISHNAN VARENICKAL versus UNION OF INDIA AND OTHERS

Citation: [2018] 11 S.C.R. 1 · Decided: 05-09-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Dismissed

Cited by 5 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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[2018] 11 S.C.R. 1
N. RADHAKRISHNAN @ RADHAKRISHNAN VARENICKAL
v.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 904 of 2018)
SEPTEMBER 05, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
Constitution of India – Art.19(2) – Freedom of speech and
expression – Imposition of reasonable restriction – Petitioner
seeking issuance of writ to ban the novel named ‘Meesha’ –
Allegation that the said literary work insulting and derogatory to
the temple going women and has the potentiality to disturb the public
order, decency – Held: If books are banned on such allegations,
there can be no creativity – Such interference by constitutional courts
would lead to end of art – Freedom enjoyed by an author is not
absolute, but before imposition of any restriction, the duty of the
Court is to see whether there is really something that comes within
the ambit and sweep of Art.19(2) – Creativity and the author’s
perception of the universe are to be borne in mind – It cannot be
asked to succumb to specifics, else would tantamount to imposition
– Writer should have free play with words – Passion of imagination
cannot be directed – Final publication must not run counter to law
but the application of the rigours of law has to also remain alive to
the various aspects – On facts, character of ‘Meesha’ as has been
projected shows the myriad experiences with different situations –
Appreciated from either point of view, it cannot be denied that it is
a manifestation of creativity – In view thereof, Writ petition dismissed.
Dismissing the Writ Petition, the Court
HELD: 1.1 Literature symbolizes freedom to express
oneself in multitudinous ways. Literature can act as a medium to
connect to the readers only when creativity is not choked or
smothered. The free flow of the stream of creativity knows no
bounds and imagination brooks no limits. A writer or an artist or
any person in the creative sphere has to think in an unfettered
way free from the shackles that may hinder his musings and
ruminations. The writers possess the freedom to express their
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SUPREME COURT REPORTS
[2018] 11 S.C.R.
views and imagination and readers too enjoy the freedom to
perceive and imagine from their own viewpoint. Sans imagination,
the thinking process is conditioned. [Paras 25, 26][14-A-C]
1.2 Creative voices cannot be stifled or silenced and
intellectual freedom cannot be annihilated. It is perilous to
obstruct free speech, expression, creativity and imagination, for
it leads to a state of intellectual repression of literary freedom
thereby blocking free thought and the fertile faculties of the human
mind and eventually paving the path of literary pusillanimity. Ideas
have wings. If the wings of free flow of ideas and imagination are
clipped, no work of art can be created. The culture of banning
books directly impacts the free flow of ideas and is an affront to
the freedom of speech, thought and expression. Any direct or
veiled censorship or ban of book, unless defamatory or derogatory
to any community for abject obscenity, would create unrest and
disquiet among the intelligentsia by going beyond the bounds of
intellectual tolerance and further creating danger to intellectual
freedom thereby gradually resulting in “intellectual cowardice”
which is said to be the greatest enemy of a writer, for it destroys
the free spirit of the writer. People live not in a totalitarian regime
but in a democratic nation which permits free exchange of ideas
and liberty of thought and expression. It is only by defending the
sacrosanct principles of free speech and expression or, to borrow
the words “the freedom to think as you will and to speak as you
think” and by safeguarding the unfettered creative spirit and
imagination of authors, writers, artists and persons in the creative
field that can be preserved as the basic tenets of our constitutional
ideals and mature as a democratic society where the freedoms to
read and write are valued and cherished. [Para 27][14-D-H; 15-A]
1.3 The aforesaid also calls from the readers and admirers
of literature and art to exhibit a certain degree of adherence to
the unwritten codes of maturity, humanity and tolerance so that
the freedom of expression reigns supreme and is not inhibited in
any manner. The flag of democratic values and ideals of freedom
and liberty has to be kept flying high at all costs and the Judiciary
must remain committed to this spirit at all times unless they really
run 

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