LALAI SINGH YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is an application Under Section 99-B, Cr. PC, asking for the quashing of the State Government's order dated 26-8-1970 (published in the U. P. Gazette of 12-91970) forfeiting a book entitled "samman ke liye dharm parivartan karen". This book is a compilation in Hindi of speeches made by the late Dr. Ambedkar, exhorting the scheduled castes to throw off the shackles of caste tyranny by repudiating the Hindu religion and adopting Buddhism instead. The application has been filed by R. N. Shastri, the publisher of the forfeited book, and by Lalai Singh Yadav, the President of the Dr. Bhim Rao Ambedkar Literature Committee. The impugned notification cites 24 passages in the book, which are objected to because they "promote or attempt to promote on grounds of religion, caste or community disharmony or feelings of enmity, hatred or illwill between different religions, castes or communities and insult or attempt to insult the religion or religious belifes of a class", thereby rendering the publication of the book punishable Under Section 153-A and 295-A. IPC

(2.) THE application was filed on 4-12-1970, after the expiry of the period of two months from, the date of the im -. pugned order prescribed by Section 99-B and a preliminary objection has been raised that the application is time-harred. Having considered the averments, made in this connection in the accompanying application Under Section 5 of the Limitation Act however we are satisfied that this delay has been fully accounted for and deserves to be condoned. Lalai Singh Yadav (applicant no. 1) came to-know about the foreiture of the book on 22-10 1970, when a news item dated 21-10-1970 appeared in the Northern India Patrika, reporting that an official press note of that date had stated that the U. P. Government had forfeited the book entitled "samman Ke liye dharm parivartan karen". From this the applicant inferred that the notification regarding the order of forfeiture must have been published in the official Gaza'tte on 21-101970 or shortly before; but despite assiduous search he was unable to locate the notification (which had actually been published on 12-91970 ). He had no copy of the forfeited book in his possession and it was not until 15-11-1970 that he was able to contact the publisher (the second applicant R. N. Shastri), who had gone on tour in South India. Thereafter he went to Lucknow and made inquiries in the Secretariat and eventually on 2-12-1970 obtained the correct particulars of the notification. The present application was filed in this Court two days later. learned Counsel appearing for the State concedes that Section 5 of the Limitation Act applies to applications under Section 99-B, Cr. PC, in view of the provisions of Section 29 (2) of the Act; and we are satisfied that the applicants are entitled to the benefit of Section 5, since they had sufficient cause for not making their application within the prescribed period of two months.

(3.) COMING to the merits of the case, we may first of all glance at the provisions of Section 99-A. under which the State Government has passed the impugned order of forfeiture. This section empowers the State Government to pass such an order in respect of a book which contains any seditious matter or any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of the citizens of India or which is deliberately and maliciously intended to outrage the religious feelings of any such class by insulting the religion or religious beliefs of that class, that is to say, any matter the publication of which is punishable Under Section 124-A or Section 153-A or Section 295-A of the Indian Penal Code. In the present instance we are not concerned with sedition (Section 124-A, I. P. G.) but only with offences under Sec 153-A and 295-A IPC the relevant portions of which run as follows: