The Supreme Court on Thursday imposed a "complete blanket ban" on any further publication, reprinting or digital dissemination of NCERT's Class 8 social science book as it contains "offending" contents on corruption in the judiciary, saying they have fired a gunshot and the judiciary is "bleeding".
Observing that there appeared to be a "deep-rooted conspiracy" and "calculated move" to undermine the institution and demean the dignity of judiciary, the apex court directed that all copies of the book - physical and digital - currently in circulation be immediately seized and removed from public access without any delay.
A bench headed by Chief Justice Surya Kant issued show cause notices to the NCERT director and the secretary of the department of school education asking them to explain why suitable action, including that of contempt, be not initiated against those found responsible for introducing the "offending" chapter.
"As an abundant precaution, a complete blanket ban is hereby imposed on any further publication, reprinting or digital dissemination of the book titled 'Exploring Society: India and Beyond' (Vol II)," the bench, which also comprised justices Joymalya Bagchi and Vipul M Pancholi, said.
The bench warned that any attempt to circumvent its order through electronic medium or alternative titles containing the same content shall be treated as a direct interference, willful breach and defiance of its directions.
"They have fired a gunshot. The judiciary is bleeding," a visibly irked CJI said during the hearing in a suo motu matter over the book.
"It is my duty as the head of the institution to find out who is responsible; heads must roll," the CJI said, adding, "We would like to have a deeper probe."
The bench said it was "nearly shocked" when one of the newspapers published an article regarding release of the social science textbook having the chapter.
It said after media report was published, the apex court's secretary general was asked to verify whether such a publication was released by NCERT.
"Instead of having an introspection of what had been written in the book in the most reckless, irresponsible, contemptuous and motivated manner, the director (of NCERT) responded in writing defending the contents of the book," the bench said.
It said on a prima facie examination of the book's content and read in conjunction with the administrative response received from director, it seemed "there is a calculated move to undermine the institutional authority and demean the dignity of the judiciary".
It said if allowed to go unchecked, it would erode the sanctity of judicial office and the estimation of public at large and more importantly, within the impressionable minds of youth.
The bench observed the narrative contained in book chooses not to dwell into any of the transformative initiatives and measures pioneered by court, including towards streamlining the ease of access to justice, and the substantive contribution made by judiciary towards the preservation of democratic fabric.
"This silence is particularly egregious given the sheer volume of high-ranking officials who have been censured by this very court in the past for corrupt practices, fraudulent activities and siphoning of public funds etc," it said.
The bench said choice of words and expressions in the book might never be a simpliciter inadvertance or bona fide error.
"We may, however, hasten to add that we do not propose to initiate the suo motu proceedings to stifle any legitimate critique or with a view to stop any individual or organisation from exercising their right to scrutinise public institutions, including the judiciary," it said.
"Given the serious consequences and an everlasting adverse impact on the independence and autonomy of judiciary, such a misconduct would fall within the definition of criminal contempt under section 2(c) of the Contempt of Courts Act, 1971...," it said.
It said if found to be a deliberate move, it will undoubtedly amount to interfering with the administration of justice besides scandalising the institution.
The bench asked the director of NCERT to produce the original records of minutes of meetings where the offending chapter was deliberated and finalised, and the names and credentials of textbook development team responsible for drafting the chapter.
Solicitor General Tushar Mehta tendered an unconditional and unqualified apology on behalf of the department of school education.
Mehta said the two individuals who prepared the chapter would never be associated with any activity of the ministry.
"There are 32 books which went in the market and which are being withdrawn. Rest of the books we are not circulating. The entire chapter would be re-visited by a new team," the top law officer said, adding, "We can't teach our class 8 students that justice is being denied in the country."
The bench posted the matter for further hearing on March 11.
The National Council of Educational Research & Training apologised on Wednesday for "inappropriate content" in the social science textbook and said it would be rewritten in consultation with appropriate authorities.
A section titled "Corruption in the Judiciary" in the new textbook says corruption, a massive backlog of cases, and the lack of an adequate number of judges are among the challenges faced by the judicial system.
It also states that judges are bound by a code of conduct that governs not only their behaviour in court, but also how they conduct themselves outside it.
