Case Note & Summary
The case involved a clarification sought by Manzar Sayeed Khan, the Publisher, and Vinod Hansraj Goyal, the Printer of the book titled 'Shivaji: Hindu King in Islamic India', regarding a previous judgment of the Supreme Court dated 05.04.2007. The original judgment had granted relief to the author, Professor James W. Laine, from prosecution under certain sections of the Indian Penal Code (IPC) but failed to mention the Publisher and Printer. The petitioners filed Criminal Miscellaneous Petitions to rectify this oversight. The Supreme Court noted that the intent of the earlier judgment was to provide identical relief to all parties involved. The court recognized the inadvertent omission and ordered that the judgment be modified to include the Publisher and Printer in the protection granted against prosecution. The court concluded that the clarification was expedient in the interest of justice, thereby disposing of the petitions favorably.
Headnote
A) Criminal Law - Clarification of Judgment - Inclusion of Parties - Indian Penal Code, 1860, Sections 153, 153A, 34 - The court clarified its previous judgment to include the Publisher and Printer of a book in the relief granted to the author, ensuring all parties received identical protection from prosecution under the IPC. The inadvertent omission was rectified to reflect the intent of the original order. Held that the clarification was necessary for justice (Paras 1-3).
Issue of Consideration
Whether the names of the Publisher and Printer should be included in the judgment regarding the FIR.
Final Decision
The Supreme Court modified its previous judgment to include the names of Manzar Sayeed Khan and Vinod Hansraj Goyal, granting them the same protection from prosecution under IPC Sections 153, 153A, and 34 as was granted to Professor James W. Laine.
Law Points
- Clarification of judgment
- modification of order
- IPC Sections 153
- 153A
- 34
