SARVADESHIK PRESS Vs. USMAN GHANI

JUDGEMENT

(1.) THIS petition gives rise to a question whether Civil Court can entertain a suit for banning/issuing an injunction on publication of a book, which is in existence and being published and read for last 135 years, on the ground that its publication was likely to disturb public tranquility and public order.

(2.) THE brief facts leading to this question are that the two respondents considered themselves 'public spirited persons' and filed a suit with ostensible object of protecting the religious feelings of other persons of same religion seeking a declaration that publication and distribution of the 'satyarth Prakash' written by Swami Dayanand was injurious to the religious faith of Muhammadan Community and they wanted a perpetual injunction to be issued against the publishers and certain Arya Samaj Organizations, restraining them from publishing, printing and distributing 'the Satyarth Prakash' in any language.

(3.) SECTION 9 of CPC provides that Civil Court in India have jurisdiction to try all suits of civil nature excepting suits of which the cognizance is either expressly or impliedly barred.