ORIENT LONGMAN LTD Vs. JAYATI LAILA KABIR

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated February 24, 1988* passed by a learned Judge of this Court disposing of a petition under Art.226 of the Constitution of India. Undisputed facts leading to the filing of the appeal are as under.

(2.) The Late Moulana Abdul Kalam Azad, the great freedom fighter and Statesman, had during his lifetime dictated notes of his varied experiences to Professor Humayun Kabir, the eminent educationist, as to show how India had attained freedom and the part played by him and other leaders in the struggle for freedom. On the basis of the above notes Prof. Kabir composed a book which was approved by Moulana Azad. He (Moulana Azad) however felt that some thirty pages of the book dealing with incidents and reflections of a personal character should not be published for the time being. He therefore directed that a copy each of the completed text should be deposited under sealed cover in the National Archives, New Delhi and the National Library, Calcutta and should be opened thirty years after his death. At the same time he gave approval to the publication of selected substantial portions of the book and wished its publication in November, 1958 to synchronise with his seventieth birthday. Unfortunately however this wish could not be fulfilled as he died on February 22, 1958.

(3.) After his death Prof. Kabir wrote to the Director, National Archives of India, New Delhi and the Librarian, National Library, Calcutta on March 25, 1958 informing them of the wishes of the late Moulana Azad and enquiring as to whether they would be prepared to accept the complete text in sealed cover on the explicit understanding that the seal would be opened only on February 22, 1988. On their acceptance of the above, Prof. Kabir sent copies of the complete text under sealed cover to them reiterating that the seals were not to be broken till February 22, 1988. Thereafter Prof. Kabir, as composer of the book, entered into an agreement with Orient Longmans Private Limited - now Orient Longman Limited - a publishing concern (hereinafter referred to as the 'Publishers') for immediate publication of the book (excluding the thirty pages) under the title "India Wins Freedom". One of the terms of the agreement reads that the Publishers shall have the first option to publish the complete book as originally composed and lying under sealed cover with the National Archives, New Delhi and the National Library, Calcutta when the seals are broken on February 22, 1988. In terms of the agreement "India Wins Freedom" was brought out by the Publishers first in January, 1959 and thereafter it was reprinted and reissued by them on a number of occasions.