J.C.SHAH, K.N.WANCHOO, K.SUBBA RAO, S.M.SIKRI, V.RAMASWAMI
State Of Maharashtra – Appellant
Versus
Prabhakar Pandurang Sanzgiri – Respondent
Judgement
SUBBA RAO, J. : Prabhakar Pandurang Sanzgiri, who has been detained by the Government of Maharashtra under R. 30 (1) (b) of the Defence of India Rules, 1962, in the Bombay District Prison in order to prevent him from acting in a manner prejudicial to the defence of India, public safety and maintenance of public order, has written, with the permission of the said Government, a book in Marathi under the title "Anucha Antarangaat" (Inside the Atom). The learned Judges of the High Court who had gone through the table of contents of the book, expressed their opinion on the book thus:
"..... We are satisfied that the manuscript book deals with the theory of elementary particles in an objective way. The manuscript does not purport to be a research work but it purports to be a book written with a view to educate the people and disseminate knowledge regarding quantum theory."
The book is, therefore, purely of scientific interest and it cannot possibly cause any prejudice to the defence of India, public safety or maintenance of public order. In September 1964, the detenu applied to the Government of Maharashtra seeking permission to send the manuscript out of the jail for publication
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