NAND KUMAR BAGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition is one under section 96 of the Code of Criminal Procedure, 1973 assailing the notification No. Home.C/Q/2001, Raipur dated 20-10-2001 issued by the respondent invoking sub-section (1) of section 95 of the Cr. P.C., 1973

(2.) The facts in nutshell which are necessary for adjudication of the dispute involved in the petition is that the petitioner in the instant case had published a book namely ' Bramhan Kumar Rawan Ko Mat Maro' ?. The petitioner projecting himself as a social activist, political worker and writer is said to have published the said book. According to the petitioner, the said book is nothing but a set of interpretation given by him to Mannu Smriti as well as various quotations and recitals of the Ramayana written by different authors like Balmiki, Tulsi Das, Periyar, Ramaswamy Naikar etc. However, the contents of the said book, in the opinion of the State Government, were seditious and which can bring hatred among the different classes of the society and can also excite disaffection towards a particular group. It was felt that there is a possibility of promotion of enmity on the reading of the said book among different groups which ultimately would be pre-judicial to the maintenance of harmony. It was the opinion of the State Govt. that the publication of the said book with such contents is pre-judicial to the harmony of the society and also punishable under Sections 124-A, 153, 153-B of IPC. Therefore, invoking the powers conferred upon the State Government under section 95 of Cr. P.C., 1973 the State Government published a notification and banned the sale, reading, reference, quottion and collection of the said book and ordered for the forfeitur of it to the Government with immediate effect. The notification was published in the extraordinary Gazette of the State, dated 20-10-2001. For ready reference the said notification is reproduced hereinunder. (Vernacular matter omitted...Ed.)

(3.) The said notification is also enclosed with the writ petition as Annexure P-1. A plain reading of the aforesaid notification itself reflects that the State Govt. on going through the contents of the book written and published by the petitiner were overall convinced that the contents of the book can outrage the religious sentiments of a particular Class and may also result in exciting violence between two sects of the society and there is all likelihood of disturbance of the public tranquility and harmony among different class, creed and race of the society.