MOHAMMAD KHALID Vs. CHIEF COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The brief facts, giving rise to this application under Section 99-B, of the Code of Criminal Procedure (hereinafter referred to as the Code) by Mohammad Khalid petitioner, are as under : - On 27th November 1959, the Chief Commissioner of Delhi issued the following notification under Section 99 A of the Code.

(2.) The application was resisted by the Chief Commissioner, Delhi, and the affidavit of Shri Anang Pal, Under Secretary of the Delhi Adminitration was filed. It was not admitted that the petitioner had locus standi to file the application. Plea was taken that the book in dispute conained matters which deliberately and maliciously promoted feelings of enmity and hatred between Shias and Sunnis, and were highly provocative to Shias, and were intended to injure their religious susceptibilities. The application came up for hearing before a Special Bench of the Punjab High Court on 10th December 1962 and the learned Judges held that the petitioner had an interest in the book in question and as such had locus standi to file the application.

(3.) Before dealing with the respective contentions of the parties, it would be appropriate to reproduce the different provisions of law having bearing on the point of controversy. Section 99A of the Code gives power to the State Government to declare certain publications forfeited and to issue search warrants for the same, and reads as under