Kamal Ghorui
NEW DELHI: The Supreme Court on Wednesday imposed a life ban on three academics, holding them responsible for “projecting a negative image of judiciary” by mentioning “corruption in judiciary” in the class 8 NCERT textbook. The court also said it would take stringent action against social media “mischief mongers” who endorsed the objectionable content to malign the judiciary.After banning the three academics from any assignment with the govt or govt-aided institutions or projects, a bench of CJI Surya Kant, Justices Joymalya Bagchi and Vipul M Pancholi ordered that the Union govt identify the “social media mischief mongers”.
NCERT director Dinesh Prasad Saklani and school education secretary Sanjay Kumar tendered an unconditional and unqualified apology to the SC for the “major and unpardonable lapse” and promised preventive steps against such lapses in future.
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NCERT said the controversial chapter was drafted by Textbook Development Team (TDT) under the chairmanship of Prof Michel Danino and comprised Suparna Diwakar and Alok Prasanna Kumar. These three will not be associated with any activity of NCERT in future, it said. These three “either had no reasonable knowledge about the judiciary or deliberately and knowingly misrepresented facts to project a negative image of Indian judiciary before students of class eight (who are) at an impressionable age”, said the bench.
Academics can seek modification of order by approaching us with an explanation: SC
The Supreme Court has directed all govts and institutions receiving govt funds to immediately cut ties with the three academicians, whom the court held responsible for “projecting a negative image of the judiciary”, but allowed them the option to seek a modification of the order.“We see no reason as to why these kinds of persons should be associated in any manner for the purpose of framing of curriculum or finalisation of textbook for the children,” it further said while directing Centre, states and Union territories, universities and public institutions receiving govt funds “to forthwith disassociate with these three persons and not assign any responsibility which involves public funds either fully or partially”.Leaving a window open for the three to seek modification of the order, the bench said the three can do so by approaching SC with an explanation for drafting the chapter “The Role of Judiciary in Our Society”, which contained the controversial reference to “corruption” in the institution.The bench took strong exception to certain social media platforms, websites and individuals defending the reference to alleged corruption in judiciary in the NCERT textbook. It said, “After the Feb 26 order (which banned the circulation of the entire textbook) was passed, some elements of the so-called social media have acted and reacted irresponsibly. We firmly believe in catching the bull by its horns. We direct the Union govt to identify such sites, the persons running those sites and furnish their full details to enable us to take suitable action. The law must take its own course against mischief mongers.”Solicitor general Tushar Mehta said Newton’s law “for every action, there is an equal and opposite reaction” has been redefined by social media which believes that for “every action, there is a disproportionate and idiotic overreaction”. The bench clarified that its Feb 26 and today’s orders “are not intended to prevent objective and legitimate criticism of the institutional functioning of the judiciary. The judiciary, like any other institution, suffers from deficiencies and if an expert committee highlights such deficiencies, it will be a welcome step for the future generation of this nation, including the future judges and practitioners, and offer an avenue for present stakeholders to take correctional steps”.But SC disapproved of NCERT’s stand that the controversial chapter on judiciary has been “duly rewritten” after the controversy for incorporation in the textbook. The bench said that NCERT through “one after the other hasty acts” is making the issue more complex and impeding transparent and dispassionate information on judiciary from being disseminated to students.Mehta assured the court that “nothing of the earlier chapter four on judiciary” would be incorporated in the new textbook. The bench said the National Syllabus and Teaching Learning Material Committee does not even include a jurist or a person from legal field and expressed surprise that the draft of the controversial chapter was not approved by NSTC prior to its inclusion in the textbook.It said the revised version of the controversial chapter would not be incorporated in the textbook unless approved by a committee of domain experts, which must include a former judge, eminent academician and a renowned law practitioner. “It shall be appreciated if a committee of domain experts to be constituted by the Union govt within one week also associates National Judicial Academy, Bhopal, for finalising the legal studies curriculum proposed by NCERT for not only class 8 but the higher classes,” said the bench.
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