ORDER :- Leave to amend, Amendment to be carried out forthwith.

2. This petition under Article 226 of the Constitution is filed by a social worker who is the 1st petitioner and by the author of a book entitled "Mee Nathuram Godse Boltoy" (I am Nathuram Godse speaking) who is the 2nd petitioner. The petition challenges an order, dated 15-5-2000 passed by the Commissioner of Police, Thane by which he has prohibited the performance before a private audience of a reading of the play, described in the petition as an "emoted" reading, which is to take place on 19-5-2000 at 9 p.m. at Gadkari Rangayatan, Thane. The Police Commissioner in passing the aforesaid order has relied upon a Notification issued on 3-12-1998 by the Government of Maharashtra by which, in exercise of the powers conferred by sub-section (1) of Section 95 of the Code of Criminal Procedure, 1973, the Government of Maharashtra declared that every copy, including the manusript, or any other form of the play in Marathi and the translation thereof in Gujarati or any other languages shall be forfeited to the Government. Apart from the aforesaid, a prohibitory order has been passed under Section 144 of the Criminal Procedure Code on 17-5-2000. These are the subject matter of the challenge in the writ petition.

3. The play was authored by the 2nd petitioner, who is a writer, in the year 1988. The Censor Board initially rejected the script completely. The play was thereafter translated into Gujarati and the Gujarati translation came to be cleared by the Censor Board. 25 performances of the play took place after which the 2nd petitioner and the producer approached the Censor Board claiming that in view of the clearance granted to the Gujarati version, there should be no difficulty about allowing performances in Marathi. The Censor Board issued a certificate in 1997 approving the Marathi script of the play. The petitioners have stated that on 19-5-2000 what they describe as an "emoted reading" of the play is to take place at Gadkari Rangayatan before a private audience invited by an organisation known as the Hindu Manch which is organising the function. On 15-5-2000 the petitioners were called by the Police Commissioner of Thane and the writ petition narrates that an effort was made to dissuade the petitioners from holding the programme. At that stage, the petitioners were informed about a Notification issused by the State Government forfeiting the script of the play by a Government Notification dated 3-12-1998. The petitioners are aggrieved by the conduct of the respondents in issuing the Notification of 3-12-1998 forfeiting the script of the play, the order of the Police Commissioner of 15-5-2000 prohibiting the performance of the play and by the prohibitory order passed under Section 144 of the Criminal Procedure Code, 1973.

4. I have heard Shri Damle for the petitioners, Shri Sonawane, Addl. Government Pleader for the respondents and as also learned Counsel for an Intervener who has filed an intervention application on behalf of the Thane City District Youth Congress which is opposing the reading of the play. In view of the urgency of the matter. I am passing this ad interim order indicating briefly my reasons. Having heard the learned counsel for the parties, I am of the view that the reading of the play slated at 9 p.m. to night - 19-5-2000 - must be allowed to proceed. At the outset, it must be noted that allegations of mala fides have been made on behalf of the petitioners, in the amendment to the writ petition. Reference has been made in the annexures to the amendment to a letter dated 16-5-2000 addressed by the National President of the Nationalist Yough Congress to the Deputy Chief Minister by which a request was made to prohibit the performance which is to take place on 19-5-2000. In the view which I have taken, prima facie, it is not necessary to consider this issue at the present stage.

5. Long years ago, a Full Bench of this Court in a decision reported as Gopal Vi

Click Here to Read the rest of this document