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The Supreme Court Thursday banned the National Council of Educational Research and Training’s (NCERT) class 8 book which has been in the eye of a storm over a section titled “corruption in the judiciary” in chapter 4.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi imposed “a complete blanket ban on any further publication, reprinting or digital dissemination of the” controversial content.
Calling it a “calculated move to undermine and demean dignity of judiciary”, the top court also issued show cause notice to the Secretary of School Education Department, Ministry of Education and the NCERT Director. They have to explain why the Contempt of Courts Act should not be invoked against them.
“As an abundant precaution, a complete blanket ban is hereby imposed on any further publication, reprinting or digital dissemination of the book”, the court ordered and warend that “any attempt to circumvent this order through electronic means or altered titles shall be seen as direct interference, willful breach and defiance of directions”.
“The NCERT in coordination with the Union and State Education Departments 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.” it added.
The top court said publication of the book tantamount to serious misconduct, and can come within the purview of criminal contempt of court, if found that it was a deliberate act to scandalise the judiciary.
The SC bench also said that certain comments made by former Chief Justice of India BR Gavai were used out of context in the chapter to give an impression that the former CJI himself had acknowledged the existence of corruption in the judiciary.
Taking serious objection to the book contents, the SC had on Wednesday (February 25), registered a suo motu case.
Hearing it today, the bench said the NCERT Director and Principal of every school where the book has reached should personally “effectuate immediate seizure and sealing of all copies of the book in their premises and” also “submit a compliance report” to the court. The court also directed to ensure that no instruction is imparted based on the subject book and asked Principal Secretaries of all states to submit reports of compliance in 2 weeks.
The Court asked the NCERT Director to furnish the names and credentials of those who were involved in preparing the offending portions. “As the head of the institution, I must find out who the persons who are responsible behind it. Heads must roll, I am not going to close these proceedings,” the CJI said.
It also directed that the original minutes of meetings of the part wherein the offending chapter was deliberated and finalised be also produced by the next date of hearing.
With the SC expressing outrage, the NCERT had on Wednesday issued a press release, apologising for the publication ad announcing that it was stopping sales.
Wednesday the CJI expressed dissatisfaction with the apology saying “There is not a single word of apology in this notice…”.
The Supreme Court said that the move “if allowed to go unchecked, it will erode the sanctity of judicial office in estimation of public.”
The top court said the text book “washes off with one stroke of pen the illustrious history associated with the Supreme Court, the High Courts and District Courts”. It added that the publication has also “conspicuously omitted…the substantial contributions made by these institutions towards preservation of democratic fabric.”
As soon the court took up the matter, Solicitor General Tushar Mehta informed the bench that the NCERT had withdrawn the book.
