UDAY PRATAP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This is an application under Section 96 of the Criminal P. C. 1973, to set aside a declaration of forfeiture made under Section 95 of the Code, contained in the notification F. No. 41-5-80-X-I dated Bhopal, the 7th September 1980, published in the M. P. Rajpatra (Extraordinary) dated the 7th September 1980, which is as under :-- "Bhopal, the 7th September 1980--Bhadra 16, 1902 F. No. 41-5-80 X-I--Whereas it appears to the State Government that- (a) Portions appearing at pages 15, 17 and 19 of "Smaranika" issued by the late Shri Rajendra Kumar Singh Commemoration Samiti, Akaltara, District Bilaspur and edited by Shri Ram Adhir, published by Shri Uday Pratap Singh Chandel and printed at Gita printing Press, Raipur. (b) portions of the article written by Shri Satish Jaiswal under the caption "Nagari; Kaam aur kaam-ki-batt" appearing at page 30 of the issue of weekly 'Raviwar' dated 10th August 1980, edited by Shri Surendra Pratap Singh and published by Shri Vashpaditya Roy and printed at Anand Offset Private Limited and Jivan Satya Printing Press, Calcutta: are likely to promote feelings of enmity, hatred or ill-will between different castes, i.e., Satnamis on the one hand, the caste Hindus on the other on the grounds that the aforesaid publications-

(2.) Late Shri Rajendra Kumar Singh was a resident of Akaltara in district Bilaspur and was a scholar in anthropology, having obtained Master's degree therein. His father late Dr. Indrajeet Singh, was also a well known scholar of this State in anthropology and had obtained a Doctorate in that subject The said late Shri Rajendra Kumar Singh, in the course of his research work in anthropology, had written a research paper based on extracts from the books "Tribes and Castes of the Central Provinces of India" By R. V. Russel and R. B. Hira Lal first published in 1916 and reprinted in 1975; and "The Religious Life of India. The Chamars' by G. W. Biggs, published in the year 1920. The research paper deals with the background and social habits of the sect known as 'Satnami' in that area.

(3.) The said Rajendra Kumar Singh was also a member of the State Legislature and he died in July 1979. A decision was taken to compile and publish a 'Smaranika' or souvenir to commemorate him on the occasion of his first death anniversary in 1980. It was for this purpose that the 'Smaranika' referred to in Clause (a) of the impugned notification dated 7-9-1980 was published. From pages 13 to 22, an article is printed in the 'Smaranika' about late Rajendra Kumar Singh and his personality as a research scholar in anthropology, which contains a Hindi translation made by Rajesh Kumar Singh, of the aforesaid research paper written by late Rajendra Kumar Singh on Satnamis. It is in this manner that the research paper of late Shri Rajendra Kumar Singh, based on extracts from the standard works on the subject, appears translated in Hindi in the 'Smaranika' published to commemorate him on the occasion of his first death anniversary, dealing mainly with the diverse aspects of the personality and achievements of late Rajendra Kumar Singh, who had achieved social and political recognition in that area. The heading of the article printed on p. 13 in the souvenir is 'KUMAR SAHAB : A RESEARCH SCHOLAR -- STUDY OF SOCIAL AND ECONOMIC STRUCTURE OF SATNAMIS'. It is portions of this research paper translated in Hindi appearing at pages 15, 17 and 19, which have been treated offending resulting in the action taken by the State Government under Section 95 of the Code.