G JAIRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A play titled 'mahachaitra' was published in the year 1986. The said book underwent three editions having been again published in 1991 and 1994. The gulbarga university and the kuvempu university prescribed the same as textbook for the I year b. a. the sahithya academy gave an award to the book in the year 1986.

(2.) IT is contended by the appellants that the book contains scandalous and mischievous references to basavanna founder of veerashaiva system of religion and other sharanas, with a deliberate total distortion of historical facts so as to impeach his character. A write-up questioning whether 'mahachaitra' can be a textbook was produced at annexure-b, wherein it is set-out that the book contains (i) defamation of basavanna by jangamas; (ii) allegation of misappropriation of the treasury; (iii) departure of vishwaguru basavanna; (iv) final salvation of basavanna; (v) historical defects; (vi) role of neelambika; (vii) channabasavanna's character; (viii) role of madivala machideva under the sub-heading "greatness of machideva'; (ix) movements of sharanas; (x) about hadapada appanna; (xi) about sharanas; (xii) attempt to sow seeds of communal hatred between jangamas and brahmins; lingavantas and jangamas; upper and lower castes; (xiii) about jangamas; (xiv) newly created doubts; (xv) obscenity and; (xvi) usage of vulgar words/language.

(3.) ON that basis, a writ petition was filed for the reliefs of directing respondents 1 to 4 to withdraw the book 'mahachaitra' from the course of study for I year b. a. in the respondents 3 and 4 institutions; (ii) to issue a direction to withdraw the sahithya academy award given to the book in the year 1986; (iii) for a direction to respondent 1 to ban all kinds of propogation and sales of the book all over the state including exhibition of dramas; and (iv) other incidental reliefs.