बहुसंख्यक विचारों से मेल खाने पर ही अभिव्यक्ति की आज़ादी का प्रयोग नहीं किया जाना चाहिए: कोर्ट
दिल्ली हाईकोर्ट ने कांग्रेस नेता सलमान खुर्शीद की किताब के प्रकाशन, वितरण और बिक्री पर रोक लगाने की मांग करने वाली याचिका को खारिज करते हुए कहा था कि बहुसंख्यकों के विचारों से मेल खाने पर ही अभिव्यक्ति की स्वतंत्रता का उपयोग नहीं किया जाना चाहिए. अदालत ने कहा कि असहमति का अधिकार जीवंत लोकतंत्र का सार होता है.
दरअसल जस्टिस यशवंत वर्मा की पीठ उस याचिका पर सुनवाई कर रही थी, जिसमें खुर्शीद की किताब ‘सनराइज ओवर अयोध्या : नेशनहुड इन आवर टाइम्स’ पर दूसरों की आस्था को चोट पहुंचाने का दावा किया गया था.
25 नवंबर को को इस याचिका को ख़ारिज कर दिया गया था, अब इसका विस्तृत आदेश सामने आया है.
इसमें जस्टिस वर्मा ने कहा कि अभिव्यक्ति की स्वतंत्रता समेत संविधान प्रदत अधिकारों को अप्रिय होने की आशंका के आधार पर प्रतिबंधित नहीं किया जा सकता या उनसे वंचित नहीं किया जा सकता.
उन्होंने कहा कि अगर रचनात्मक आवाजों का गला घोंट दिया गया या बौद्धिक स्वतंत्रता को दबा दिया गया तो विधि के शासन से संचालित होने वाला लोकतंत्र गंभीर खतरे में पड़ जाएगा.
गौरतलब है कि खुर्शीद की किताब पर प्रतिबंध लगाने की मांग वाली याचिका खारिज करते हुए अदालत ने कहा था कि अगर भावनाएं आहत हैं तो लोग कुछ अच्छा पढ़ सकते हैं.
अदालत ने याचिकाकर्ता से कहा, ‘लोगों से कहिए कि किताब नहीं खरीदे या नहीं पढ़ें. लोगों को बताइए कि यह खराब तरीके से लिखी है, कुछ बेहतर पढ़िए. अगर लोग इतना संवेदनशील महसूस कर रहे हैं तो हम क्या कर सकते हैं.’
याचिकाकर्ता ने हाईकोर्ट से कहा था, ‘भाषण और अभिव्यक्ति की स्वतंत्रता निरंकुश नहीं है. किसी के पास अन्य किसी की भावनाओं को आहत करने का अधिकार नहीं है.’
इस पर अदालत ने याचिकाकर्ता को बताया कि मामला किताब के एक अंश से जुड़ा है न कि पूरी किताब से. अदालत ने कहा, ‘अगर आप चाहते हैं कि प्रकाशक का लाइसेंस रद्द कराना चाहते हैं तो यह कुछ अलग है. पूरी किताब हमारे समक्ष नहीं रखी गई है, यह केवल एक अंश है.’
जस्टिस ने अपने छह पन्नों के फैसले में वाल्टेयर का उद्धरण देते हुए कहा, ‘आप जो कह रहे हैं, मैं उससे बिल्कुल भी इत्तेफाक नहीं रखता, लेकिन मैं अंतिम सांस तक आपकी अभिव्यक्ति की स्वतंत्रता की रक्षा करूंगा.’
उन्होंने कहा कि अभिव्यक्ति की स्वतंत्रता की पूरे जोश के साथ रक्षा की जानी चाहिए जब तक कि वह संवैधानिक या वैधानिक पाबंदियों के तहत नहीं आता हो.
अदालत ने 25 नवंबर के फैसले में कहा, ‘असहमति का अधिकार या समसामयिक मुद्दों और ऐतिहासिक घटनाओं पर विपरीत विचार रखना या उसे व्यक्त करना जीवंत लोकतंत्र का सार है. हमारे संविधान द्वारा दिए गए मौलिक और बहुमूल्य अधिकारों पर सिर्फ किसी के लिए अप्रिय होने की आशंका के आधार पर पाबंदी नहीं लगाई जा सकती और न ही उससे वंचित किया जा सकता है.’
इससे पहले यहां एक अतिरिक्त दीवानी न्यायाधीश ने 17 नवंबर को खुर्शीद की पुस्तक के प्रकाशन, प्रसार और बिक्री पर रोक लगाने के लिए हिंदू सेना के अध्यक्ष विष्णु गुप्ता द्वारा दायर एक वाद पर तत्काल कोई निर्देश जारी करने से इनकार कर दिया था.
अदालत ने कहा था कि लेखक और प्रकाशक को किताब लिखने तथा प्रकाशित करने का अधिकार है.
उल्लेखनीय है कि कांग्रेस नेता सलमान ख़ुर्शीद द्वारा इस किताब के विमोचन के बाद से ही इस पर विवाद छिड़ गया था. कहा गया था कि इसमें कथित तौर पर ‘हिदुत्व’ की तुलना जिहादी आतंकी संगठनों से की गई है.
भाजपा तथा दक्षिणपंथी संगठनों के अलावा ख़ुर्शीद को इस किताब के कारण अपनी ही पार्टी के कुछ नेताओं की आलोचना का सामना करना पड़ा है.
इसे लेकर बीते सप्ताह उत्तराखंड के नैनीताल में स्थित खुर्शीद के घर में तोड़फोड़ और आगज़नी भी की गई थी. वहीं, तेलंगाना के एक भाजपा विधायक टी. राजा सिंह लोध ने भी केंद्रीय गृह मंत्री अमित शाह को पत्र लिखकर किताब पर प्रतिबंध लगाने की मांग की थी.
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