Dr. D.Y. CHANDRACHUD, J.:---On 3rd December, 1998, the Government of Maharashtra, in exercise of powers conferred by section 95(1) of the Code of Criminal Procedure, 1973, declared that every copy, including the manuscript or any other form of the play entitled "Mee Nathuram Godse Boltoy" and its translations in Gujarati or any other language shall stand forfeited to Government. The Gujarati translation of the original in Marathi is entitled "Gandhi Ke Godse". In these proceedings, the order of forfeiture has been sought to be impugned. In view of the provisions of sub-section (2) of section 96 of the Code, the petition has been heard by a Special Bench of three Judges. In the petition as originally filed, the writer of the play was the second petitioner before the Court. The first petitioner claimed that he was a social worker, inter alia, working for an institution known by the name and style of the "Hindu Manch" of the District of Thane. The first petitioner has since expired, after the matter was heard and judgment was reserved. The name of the first petitioner is deleted from the array of parties and the petition is disposed of on the basis that the writer of the play who is now the sole petitioner moves the Court for relief against the order of forfeiture.

2.Translated literally, the title of the play "Mee Nathuram Godse Boltoy" means "I am Nathuram Godse Speaking". The play was written in 1988. The Gujarati version of the play was approved by the Censor Board without any deletion and it was stated before us that 25 performances of the play in Gujarati took place. The Maharashtra Stage Performances Scrutiny Board granted in November 1997, its authorisation for the staging of the performances of the play. The permission granted by the Board on 26th November, 1997, a copy of which is placed in the file tendered to the Court on behalf of the State Government by the Learned Additional Advocate General shows that permission for staging the play was granted without the exclusion or deletion of any part thereof. The underlying report dated 24th November, 1997 of Smt. Lalita Bapat, a Member of the Scrutiny Board, set out that there was nothing objectionable in the play and that accordingly, permission should be granted for staging the play in the "Universal Category", meaning thereby that it was suitable for general viewing. The play was accordingly staged from time to time. According to the petitioner, an 'emoted' reading of the play was slated to take place on 19th May, 2000 at the Gadkari Rangayatan, Thane at 9 p.m. before a private audience consisting of persons invited by the Hindu Manch. In the course of a meeting held on 15th May, 2000 with the Commissioner of Police, Thane, the petitioner was informed, this being also recorded by a letter of the said date, that the scripts of the play in Marathi, Gujarati and all other languages had been forfeited to the State Government by a notification dated 3rd December, 1998. The petitioner was, in the circumstances, informed that since all the scripts of the play have been forfeited to Government, no performance of the play should be staged as planned. According to the petitioner, the notification of the Government dated 3rd December, 1998 was not served on him at any date prior to the communication of the Police Commissioner and the petitioner was unaware of the order of forfeiture. The order of forfeiture which has been passed by the State Government, brief as it is, may be extracted hereinafter since it is upon the validity of that order that the claim for relief in these proceedings must depend. The order provides thus:

"Whereas it appears to the Government of Maharashtra that the script of the Marathi play "Mee Nathuram Godse Boltoy" written by Shri Pradeep Dalvi, published in the form of printed document (containing 23 pages) and its Gujarathi translation "Gandhi Ke Godse" contains derogatory references towards Mahatma Gandhi and certain communities, which are likely