ISHWAR LAL KHATRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned for the petitioner.

(2.) The State Government by exercising power under Section 99A of the Criminal Procedure Code, 1908 (sic 1898) (which was in force at relevant time) forfeited two publications namely, 'Jagat Hitkarlni' and 'Atm Puran' after opining that the said publications (books) are intended to promote the feelings and hatred in different classes of citizen of India and are berately and maliciously intended to outrage religious feelings of the Jain (Bania) community by insulting the religion and the religious of that class and the publication of work punishable under Section 153A and 295 of Indian Penal Code. To give effect to the intention of the State Government to forfeit the said publication (books) a notification was published in gazette of the Rajasthan dated 5.8.1957, copy of which has been placed on record by the petitioner.

(3.) The petitioner has challenged the said notification dated 5.8.1957 after about 45 years from the date of the said notification, whereas as per Section 99A which was in force at time of publication of notification dated 5.8.1957 as well as under Sub-section (1) of Section 96 of the Code of Criminal Procedure (which is in force now), the period of limitation for challenge to such notification is two months from the date of publication of notification in official gazette. The petitioner was well aware that period of limitation is two months only and the petitioner took a plea that prescribing period of limitation of two months for challenge to said notification in Section 96(1) Cr.P.C., 1973 is arbitrary and unreasonable and violative of Article 14 of the Constitution of India and submitted this petition without any application for condonation of delay under Section 5 of the Limitation Act for condoning the delay of about 45 years.