JUDGMENT

HARJIT SINGH BEDI, J.

1. This appeal by special leave arises out of the judgment of the Karnataka High Court whereby the petition made by the tenth petitioner under Section 96 of the Code of Criminal Procedure for setting aside of the Notification dated 27th June 1997, forfeiting all copies of the novel "Dharmakaarana" under Section 95 of the Code, has been dismissed.

2. The matter arises out of the following facts : Basaveshwara, a great saint of the 12th Century, also known as "Basavanna" was born in Bagewadi in Bijapur District, Karnataka State. His elder sister Akkanagamma was a saintly woman. Her son Channabasaveshwara too grew up to be a great social reformer and a preacher of Veerashaivism, a religious sect, and of the Basava Philosophy. The family consisted of individuals of progressive thought who sought to promote social reform in Hindu society and for that purpose preached that all were equal.

3. Petitioner No.11 Dr. P.V. Narayanna published a novel in 1995 entitled "Dharmakaarana" portraying the story of Basaveshwara, Akkanagamma and Channabaspveshwara narrated in first person, the narrator being Basaveshwara himself. The book was selected by the Karnataka Sahitya