MAULANA AZIZUL HAQ KAUSAR NAQVI Vs. STATE

JUDGEMENT

(1.) THIS is an application u/Sec. 96 of the CrPC 1973 filed by Aziizul Haq Kausar Naqvi and Inamul Haq Qadri. The applicants call in question the validity of the notification dated June 28, 1977 issued by the State Government forfeiting the book entitled "Munaqib-e-Ahle Bait" (In praise of the Members of the Household of the Holy Prophet). The said notification has been issued in the purported exercise of powers of the State Government under Sec. 95 of the said Code. The impugned notification, excluding the schedule appended thereto, is duced below for the sake of convenience :- "Whereas it appears to the Stat); Government that the Urdu . Book entitled "Manaqib e-Ahle-Bait" written by Maulana Azizul Haq Kausar Naqvii Nizam i, published by 1. Maulvi Inamull Haq Kadiri Siraji, 2. Dr. Haji Ali Raza Qadiri Siraji, 3. Mohammad Yasiit Khan, 4. Haji Barkatullah Nakshbancfc Kadin Siraji and 5. Abdul Rashid Kadiri Siraji, printed at Ilmi Electric Machine Press, Telia Nala, Varanasi contains matter detailed in the Schedule to this notification which harshly cr.ti- cises the role of Amir Moavia who in held in high esteem by the Sunni Muslims and the language used is likely ta hurt the feelings of the Sunni Muslims and lead to greater misunderstanding; between Shia Muslims and Sunni Muslims and which is thus prejudicial tot the maintenance of harmony between] Shia and Sunni Muslims and which is; likely to disturb the public tranquility and the publication whereof is punishable u/S. 153-A of the IPC, 1860. Now, therefore, in exercise of the: powers under Sec. 95 of the Code of Criminal Procedure, 1973 (Act No. 2, of 1974), and on the grounds noted above, the Governor is pleased to declare every copy of the said book and of any other documents containing copies,, reprints and translation of, or extract; from he said book to be forfeited tci Government."

(2.) A bare reading of the notification shows that the order of forfeiture: was passed by the State Government om the ostensible ground that the book; severely criticised the role of Amir Mauwiya who, in the opinion of the State Government, is held in high esteem by the Sunni Muslims.

(3.) AS already stated, the notification under Sec. 95 CrPC is dated June 28, 1977 and was published in the Government Gazette on 2jrd July, 1977. The application under Sec. 96 CrPC has been moved in May, 1974$. Since sub- sec. (1) of Sec. 96 of the CrPC lays down that an application for setting aside an order shall be moved by the person aggrieved by such notification within two months from the date of its publication in the official Gazette, the applicants have also filed an application under Sec. 5 of the Limitation Act praying for the condonation of the delay. The application is supported by an affidavit of Inamul Haq Qadri.