BABA KHALIL AHAMAD Vs. STATE

JUDGEMENT

(1.) This is an application by Baba Khalil Ahmad under Section 99-B, Cr. P. C. for setting aside an order of the State Government under Section 99-A, Cr. P.C. for the forfeiture of six books written by the applicant.

(2.) The applicant has filed two affidavits in support of his application. According to these affidavits, there is a consensus of opinion of Muslim Ulemas that, Yasid, son of Muawiya was the chief perpetrator of Karbala. In November 1952, a handbill was published in Benaras describing Yasid as one entitled to be admitted to heaven. In other pamphlets Muawiya was praised and was represented as a leader of Hanafi Muslims. The applicant is a Sunni Musalmari of Hanafi sect. He considered it his duty to dispel doubts and misunderstanding about the position' of Yasid and Muawiya in Muslim history. With the object, the applicant wrote the six books, which were subsequently forfeited by the State Government. The applicant never intended to wound or outrage the religions feelings of any person.

(3.) The Home Secretary to U. P. Government filed a written statement on behalf of the Government. According to the written statement, the six books in question were prescribed by the receivment in the interest of public order, and on receiving protests from a number of persons whose religious feelings had been injured.