SC bans NCERT book over ‘judicial corruption’ chapter

NEW DELHI: Supreme Court on Thursday banned the Class 8 social science textbook that had a section on corruption in judiciary, prohibited its circulation in all forms and asked the school education secretary and NCERT chairperson to show cause why contempt proceedings not be initiated against them despite the Centre tendering an unconditional and unqualified apology for the fiasco.

The second day of hearing in the case saw solicitor general Tushar Mehta, right at the outset, apoologising for "the unpardonable mistake" committed by two persons who authored the book and said the govt has taken a decision to permanently bar them from involvement in preparation of any textbook.




SC, however, said that it would not accept the apology at this stage and would inquire whether there was a deliberate and calculated design to denigrate the institution and harm its reputation.

SC: Ensure all copies, hard or soft, are seized, removed from public access

A shot has been fired mindlessly and the judiciary is bleeding. The design was to defame the judiciary by telling students, their parents and teachers, the entire society, about corruption. As the head of the institution, it is my duty to protect the institution from such macabre and baseless insinuations," CJI Kant said.

The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Vipul M Pancholi ordered, "The NCERT in coordination with the Union and state education depts is directed to ensure that all copies of the book (hard or soft) currently in circulation, whether held in storage, retail outlets, or educational institutions, are seized and removed from public access. Compliance be filed." Further, it said, "It shall be personal responsibility of NCERT director and the principal of every school where the book has reached to effectuate immediate seizure and sealing of all copies of the book in their premises and submit a compliance report. Ensure that no instruction is imparted based on the subject book. Principal secretaries of all states are to comply."

It asked the NCERT to file compliance within two weeks.

"As an abundant precaution, a complete blanket ban is hereby imposed on any further publication, reprinting or digital dissemination of the book. Any attempt to circumvent this order through electronic means or altered titles shall be seen as direct interference, wilful breach and defiance of directions," it said.

The CJI-headed bench directed NCERT to reveal the name of persons who were entrusted with preparing the textbook, their credentials and submit the minutes of the meetings where the contents of the book were deliberated upon and finalised. The court posted the matter for further hearing on March 11.

The bench said the manner in which corruption in judiciary is portrayed in the book by imputing several complaints against judges, a deliberate impression was given that the judiciary has not acted upon those complaints. The solicitor general said the way pendency figures are quoted to mention in the book that 'justice delayed is justice denied' appears to teach the children that justice is denied in India. Nothing could be farther from truth, he said.

Senior advocates Kapil Sibal, A M Singhvi and Vikas Singh termed the portion in the textbook scandalous, calculated and designed to selectively target judiciary to denigrate its image. CJI Kant said politicians, bureaucrats and other professionals are being regularly convicted for various offences and yet judiciary has been blatantly targeted. He said, "The authors forgot that judiciary has played a stellar role in protecting the Constitution, the fundamental rights of citizens and passed series of orders over the last 75 years to protect democracy, not to mention its stellar role in making it possible to provide free legal aid to poor and marginalised sections of the society."

The CJI said on the day the news report was published, the SC secretary general had sought a clarification from the NCERT director.
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