1980 (1) TMI 208 - HC - Indian Laws

High Court quashes State's book forfeiture, citing no promotion of enmity or public disturbance.

Azizul Haq Kausar Naquvi and Anr. Versus The State

The High Court quashed the State Government's notification forfeiting the book 'Munaqib-e-Ahle Bait' under Section 95 of the Code of Criminal Procedure, ... - Issues Involved:1. Validity of the notification issued under Section 95 of the Code of Criminal Procedure, 1973.2. Compliance with the requirements of Section 95(1)(a) of the Code of Criminal Procedure.3. Interpretation of Section 153A of the Indian Penal Code.4. Application of the Limitation Act, 1963.Detailed Analysis:1. Validity of the Notification Issued Under Section 95 of the Code of Criminal Procedure, 1973The applicants challenged the notification dated June 28, 1977, issued by the State Government forfeiting the book 'Munaqib-e-Ahle Bait'. The notification alleged that the book harshly criticized Amir Muavia, which could hurt the feelings of Sunni Muslims and disturb public tranquility. The High Court found that the notification was based on the assumption that Muavia is held in high esteem by Sunni Muslims, which was deemed untenable. The court noted that the book did not contain any material likely to promote feelings of ill-will between Sunnis and Shias or disturb public tranquility, thus not amounting to an offense under Section 153A of the Indian Penal Code.2. Compliance with the Requirements of Section 95(1)(a) of the Code of Criminal ProcedureThe applicants argued that the State Government failed to state the grounds of its opinion that the book contained matter punishable under Section 153A IPC, making the notification void. The court observed that the notification included an Appendix detailing the objectionable passages and their locations in the book. The court held that the notification sufficiently indicated the facts and statements considered offensive, and it was not necessary to incorporate detailed reasons for the government's opinion in the notification.3. Interpretation of Section 153A of the Indian Penal CodeSection 153A IPC penalizes acts promoting enmity between different groups on grounds of religion, race, language, etc. The court reviewed historical and doctrinal contexts, emphasizing that Muavia's actions were subject to criticism even among Sunni scholars. The court referenced various legal precedents, concluding that criminality under Section 153A attaches not to the content but to the manner of expression. The book 'Munaqib-e-Ahle Bait' was found to be written in temperate and dignified language, lacking the intent to promote enmity or hatred, and thus not punishable under Section 153A IPC.4. Application of the Limitation Act, 1963The application under Section 96 Cr. P. C. was filed beyond the two-month limitation period prescribed from the date of notification publication. The applicants sought condonation of delay under Section 5 of the Limitation Act, 1963, supported by an affidavit explaining their late awareness of the notification. The court acknowledged the State Government's failure to execute the notification by seizing the book, lending credence to the applicants' claim of delayed knowledge. The court exercised its discretion to condone the delay, allowing the application to proceed.Conclusion:The court quashed the State Government's notification dated June 28, 1977, under Section 95 of the Code of Criminal Procedure, 1973, declaring it invalid. The book 'Munaqib-e-Ahle Bait' was found not to contain any material punishable under Section 153A of the Indian Penal Code, and the delay in filing the application was condoned. The petition was allowed, and no order as to costs was made.