Free speech not to be exercised only if in line with majority: Delhi HC

New Delhi: Free speech is not to be exercised only if it falls in line with the majoritarian view and right to dissent is the essence of a vibrant democracy, the Delhi High Court has said while dismissing a plea to stop the publication, circulation and sale of Congress leader Salman Khurshid’s new book.

Justice Yashwant Varma, who was dealing with the plea which claimed the book “Sunrise Over Ayodhya: Nationhood In Our Times” “impinges upon the faith of others”, said that rights guaranteed by the Constitution, including free speech, cannot be restricted or denied on perceived apprehension of being unpalatable and a democracy governed by the rule of law would be placed in serious peril if creative voices were stifled or intellectual freedom is suppressed.

In his six-page order, the judge quoted Voltaire, “While I wholly disagree of what you say, I will defend to the death your right to say it” and said that free speech “must be zealously protected” unless the work conclusively falls foul of the constitutional or statutory restrictions.