Case Note & Summary
The applicant, an advocate and author of the book 'Islam - A Concept of Political World Invasion By Muslims', published in 2003, challenged a notification dated 9th March 2007 issued by the Government of Maharashtra under Section 95 of the Code of Criminal Procedure, 1973. The notification declared that every copy of the book and its Hindi translation would be forfeited to the Government. The notification stated that the book contained several derogatory and false statements about the Muslim religion, Muslim community, Mohammed Paigambar, and Muslim priests, as detailed in an appended schedule. It referred to specific pages where statements were made about killing non-Muslims, rewards of 72 beautiful girls and 72 handsome youth, the concept of Darul-Herb and Darul-Islam, and that Muslims do not accept non-believers as equals. The notification also mentioned that an offence was registered under Sections 153A, 295A, 505 read with 34 of the Indian Penal Code against the editor, executive editor, printer, and writer of the book at Dadar Police Station. The Government opined that the material was likely to create hatred, promote enmity, outrage Muslim religious feelings, and lead to breach of peace. The applicant, R.V. Bhasin, filed Criminal Application No.1421 of 2007 under Sections 95 and 96 CrPC before the High Court of Judicature at Bombay, seeking to set aside the declaration of forfeiture. Under Section 96(2), a Special Bench of three judges was constituted to hear the application. The matter was reserved on 14th August 2009 and judgment pronounced on 6th January 2010. The provided judgment text includes only the preliminary procedural details and reproduction of the notification; it does not contain any arguments, analysis, or final decision of the court. Therefore, the outcome of the application is not known from the available excerpt.
Headnote
A) Criminal Procedure - Forfeiture of Publication - Grounds for Forfeiture - Code of Criminal Procedure, 1973, Sections 95 and 96 - The State Government issued a notification forfeiting the book and its translation on the opinion that they contained abusive and derogatory statements about Muslim religion, Jihad, and Mohammed Paigambar, likely to create hatred and disturb public tranquility, specifying offending passages in a schedule - The author applied under Section 96 to set aside the declaration - Held, not mentioned in the text provided (Paras 1-7).
Issue of Consideration
Whether the book 'Islam – A Concept of Political World Invasion By Muslims' and its Hindi translation contained matter punishable under Sections 153A, 295A, or 505 read with 34 IPC, thereby justifying forfeiture under Section 95 of the Code of Criminal Procedure
Final Decision
Not mentioned in the provided text
Law Points
- Section 95 CrPC empowers State Government to forfeit publications containing matter punishable under specified IPC sections
- Section 96 CrPC provides remedy to apply to High Court to set aside forfeiture
- High Court must be satisfied that the publication did not contain objectionable matter
- the State must state grounds of its opinion in the notification
