In a strong reaffirmation of artistic freedom and judicial restraint, the Supreme Court on Monday rejected a petition challenging the use of a photograph of acclaimed author Arundhati Roy smoking a cigarette on the cover of one of her books. The Bench, led by Chief Justice D.Y. Chandrachud, dismissed the plea at the admission stage, characterizing it as nothing more than an attempt at “publicity litigation.”
The petitioner had contended that the image promoted smoking, violated public health norms, and allegedly sent an inappropriate message to the public. However, the Court found no legal foundation for such arguments and firmly stated that the judiciary could not be expected to intrude into matters of personal expression or regulate the aesthetics of book covers.
The Chief Justice observed that artistic works, including book jackets, are reflections of individual creativity and cannot be censored merely because someone finds them objectionable. He further noted that courts must remain cautious against trivial petitions that misuse the guise of public interest to seek attention or sensationalism.
Emphasizing the need to preserve the dignity of judicial time, the Bench stated that such litigation distracts from genuine issues that require the Court’s attention. It reiterated that freedom of expression—whether in literature, art, or imagery—is a constitutionally protected space that cannot be curtailed based on subjective moral perceptions.
With these remarks, the Supreme Court dismissed the petition outright, underscoring that the judiciary is not a forum for advancing personal grievances or moral policing, especially under the veil of public interest.
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