The Supreme Court on Friday lifted the life ban imposed on three academics—Professor Michel Danino, Suparna Diwakar, and Alok Prasanna Kumar—barring them from participating in academic exercises in government-run universities and institutions. The ban was originally imposed by the apex court on March 11 after it took strong exception to a chapter in the NCERT social studies textbook for Class VIII that mentioned corruption in the judiciary. The court had held them responsible for 'projecting a negative image of the judiciary' to impressionable students.
Explanation and leniency sought
During the hearing, the counsel for the three academics explained that they held the judiciary in high regard and had no intention to malign it. They clarified that the chapter was meant to highlight systemic issues, not to criticize the judiciary. Pleading for leniency, they emphasized their respect for the judicial system. A bench comprising Chief Justice Surya Kant, Justices Joymalya Bagchi, and Vipul M Pancholi accepted their explanation and lifted the ban.
Government's stance
Solicitor General Tushar Mehta informed the court that the government had decided not to involve these three academics in any government-related academic exercise or textbook preparation in the future. He also mentioned that the government had received complaints about other textbooks containing objectionable cartoons related to the judiciary. These complaints would be referred to the high-powered expert committee headed by former Supreme Court judge Indu Malhotra. The government would take appropriate action after receiving the committee's views, which might require reconstitution of the committee.
Court's observations
Justice Bagchi, while addressing the counsel for the academicians, stated that the court's concern was not against individuals but against the content of the textbook. 'We were examining whether the presentation about the judiciary was balanced. We were not trying to determine if it was positive or negative,' he said. He further noted that while the chapter mentioned corruption, it completely omitted the sterling role of the Supreme Court as the protector of the Constitution and individual rights. The court's efforts to provide legal aid to the poor and make the judiciary accessible were also ignored.
Background of the case
On March 11, NCERT Director Dinesh Prasad Saklani and School Education Secretary Sanjay Kumar had tendered an unconditional and unqualified apology to the Supreme Court for the 'major and unpardonable lapse' in the textbook. They assured the court of preventive measures to avoid such mistakes in the future. NCERT had informed the court that the controversial chapter was drafted by the Textbook Development Team (TDT) under the chairmanship of Professor Michel Danino, which included Suparna Diwakar and Alok Prasanna Kumar. The board had stated that these three individuals would not be associated with any NCERT activities in the future.
