P VENKATESWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These conjoint Crl. Miscellaneous Petitions are under S. 96 Cr.P.C. for setting aside the declaration made by the Government of Andhra Pradesh contained in G.O. Ms. No. 72, Home (S.C.B.) dated 6/02/1982 and published in A.P. Gazette dated 1-4-1982 forfeiting the passage containing objectionable material at pages 150, 151, 184, 203, 204, 206 to 208, 237, 245, 249, 250, 256, 260, 262, 268, 293, 304 and 313 in the Telugu novel entitled "Mareechika" written by Kum. Vasireddy Seeta Devi, Deputy Director, Youth Services, Govt. of Andhra Pradesh.

(2.) Crl.M.P. No. 1347/82 is filed by Sri P. Venkatesarlu, advocate and General Secretary, All India Democratic Lawyers Association, Andhra Pradesh, Hyderabad stating that he is evincing interest in the novel and Cr.M.P. Number 2169/82 is filed by Kum. Vasireddy Seetha Devi the author of the book.

(3.) The book was published in January, 1979, after it was serialised in the Telugu Magazine "Andhra Bhoomi" during the years 1977-78. The Government in exercise of the powers ordered that book containing objectionable materials in the English translation set out in the G.O. shall be forfeited to the Government on the ground that the publication of the same is punishable under Section 124-A and Section 153-A of the Penal Code. The provocation for the impugned order is that the book contains objectionable passages which are calculated to generate disaffection towards the Government and its armed forces and the promotion and fostering of class hatred by projecting annihilation programme of class enemies. Violent upheaval and armed revolutions by extremists in the country and exciting adolescents to adopt the cult of violent philosophy of extremism which are punishable under Section 124-A and S. 153A I.P.C.