STATE OF MAHARASHTRA Vs. SANGHARAJ DAMODAR RUPAWATE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, filed by the State of Maharashtra and its functionaries, arises out of the judgment dated 26th April, 2007 delivered by the High Court of Judicature at Bombay in Writ Petition No. 1721 of 2004. By the impugned judgment, passed in an application under Section 96 of the Code of Criminal Procedure,1973 (for short "the Code") read with Article 226 of the Constitution of India, the High Court has set aside and quashed notification dated 20th December, 2006, issued in the name of Governor of Maharashtra in exercise of the powers conferred by Sub-section (1) of Section 95 of the Code, directing forfeiture of every copy of the book captioned as "Shivaji - Hindu King in Islamic India" written by one Prof. James W. Laine.

(3.) The three writ petitioners, who are respondents No. 1, 2 and 3 herein, are respectively stated to be a well known lawyer and a public activist in the Ambedkarite movement, intended to mobilize the deprived sections of the society; (ii) a well-known film maker, whose documentaries are stated to be known the world over for their artistic finesse, conveying democratic and secular message and (iii) a social activist. Respondents No. 4 to 6 impleaded as such vide this Court's order dated 29th August, 2007 respectively are Prof. James W. Laine, the author of the book, Oxford University Press, India, the publisher through its Constituted Attorney Mr. Manzar Sayed Khan and Mr. Vinod Hansraj Goyal, proprietor of Rashtriya Printing Press, Delhi, the printer of the book.