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2019 Supreme(Bom) 621
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.C. Dharmadhikari, Bharati H. Dangre, JJ.
Amritpal Singh Khalsa – Appellant
Vs.
Maharashtra State Bureau of Textbooks Production and Curriculum Research, Pune - Respondent
Writ Petition (L) No. 1897 of 2017
Decided On : 18-04-2019
Mathews J Nedumpara, Adv., Rohini M Amin, Adv., V.A. Thorat, Adv., Suhasini Mutalik, Adv., Jagdish G Aradwad (Reddy), Adv., Geeta Shastri, Adv.
Headnote:
Constitution of India, 1950 – Article 226 – Apology to entire Sikh community – Hurting the religious sentiments – By this writ petition under Article 226 of the Constitution of India, the petitioner seeks the two essential reliefs that the chapters/text/word/paragraph/sentence pertaining to Shaheed Saint Jarnailsingh Bhindrawale from the Text books published Maharashtra State Bureau be removed/abolished/deleted/repealed immediately and all the text books must be recalled – That the Maharashtra State Bureau of Textbook Publication and Curriculum Research, Pune be directed to tender unconditional apology to entire Sikh community and all the people for allegedly hurting the religious sentiments." – Held, Without reading the Chapter as a whole and by referring and relying on a part thereof, the allegations are made. In the textbook prescribed for Standard IXth by the Bureau on the subject of "History and Political Science", there are several Chapters. – Under the broad heading "India after Independence", there are Chapters, namely, "Sources of History", "India: Events after 1960", "Indias Internal Challenges", "Economic Development" and "Education". – Therefore, Chapters 1 to 10 include a Chapter each on "Empowerment of Women and other Weaker Sections", "Science and Technology", "Industry and Trade" etc. In such a comprehensive study material, there is one Chapter which discusses Indias internal challenges. – Chapter intends to inform the students that the country is facing enormous internal challenges like separatist movements, issues of north-east India, naxalism, communalism and regionalism. While referring to the unrest in Punjab, the demand for Independent State/Khalistan, all the events are set out. – The name of Saint Jarnailsingh Bhindranwale is mentioned with reference to his support for the Khalistan movement. Thereafter, the arrest of Bhindranwale is referred after there was a violent incident in 1981 in the State of Punjab. – The worsened situation and its details are given. – It is in that context, the Operation Blue Star is referred to and it is termed as a military expedition taken up with a particular objective. – That is how it is described as an operation. – Operation Blue Star was undertaken to evict the terrorists hiding in the Golden Temple. – It is in this context that we must read the alleged offending sentences and court do not see any insulting or irreverential reference therein to anybody much less Shri.Bhindranwale. – The contents of the Chapter do not term him as a terrorist. – If the Chapter is read as a whole and harmoniously, the alleged offending portion is perused in its entirety, then, court do not find anything therein which would hurt the religious sentiments of the Sikh community. – Court agree with respondent no. 1 that the Chapter contains reference to several events posing challenges to Indias internal security. – It is in these circumstances and while informing the students about several movements, including naxalist, the attempt is to identify internal challenges. – Thus, a broad picture is painted before the reader and he/she is not likely to be influenced either way. – It is not a one-sided version. It gives a balanced picture. – It is a study material and prescribed for a student of IXth Standard who will taking the examinations. – Court do not think that in such a material we should read something more and particularly as suggested by Mr.Nedumpara. – Court is not in agreement with Mr.Nedumpara that a Saint is projected as a terrorist. – Writ Petition Dismissed
S.C. Dharmadhikari, J.
By this writ petition under Article 226 of the Constitution of India, the petitioner seeks the following two essential reliefs:-
"2. That the chapters/text/word/paragraph/sentence pertaining to Shaheed Saint Jarnailsingh Bhindrawale from the Text books published Maharashtra State Bureau be removed/abolished/deleted/repealed immediately and all the text books must be recalled.
3. That the Maharashtra State Bureau of Textbook Publication and Curriculum Research, Pune be directed to tender unconditional apology to entire Sikh community and all the people for allegedly hurting the religious sentiments."
2. The petitioner claims to be resident of District Thane in the State of Maharashtra and an Indian citizen, interested in ensuring that no textbook prescribed by the Maharashtra State Board and Secondary and Higher Secondary education should contain material derogatory to or defamatory of any religion or any religious leader that he files this petition. In paras 4 to 9 of this writ petition, the petitioner states as under:-
"4. That petitioner came across a post on Facebook regarding the information published in the Text Book of Maharashtra State Board 9th Standard, History and Political Science subject published by Maharashtra State Bureau of Textbook Publication and Curriculum Research, Pune which contains text which were spreading vicious propaganda against Sikh struggle movement so too calling shaheed Sant Jarnail Singhji Bhindrawale as terrorist nay all other shaheeds who laid their life in defending Harmandar Sahib (Golden Temple) against Military operation Blue Star.
5. That petitioner though this post to be a joke or mischief by some anti-social elements but petitioner ought necessary to check the authenticity of post by himself therefore petitioner went to book store and bought the copy of History and Civics textbook of 9th standard published by Maharashtra State Bureau of Textbook Publication and Curriculum Research and was literally shocked to see the language and the way in which Sikh struggle movement so too Shaheed Sant Jarnail Singh Bhindrawale was called as terrorist with other shaheeds.
6. The petitioner is approaching this court to bring certain facts to the notice of this Hon'ble Court wherein it is pertinent to note that the director, authors, publishes, printers, editors, researchers, History Subject Committee of Maharashtra State Bureau of Textbook Publication and Curriculum Research, Pune without doing any research, or reading of books whatsoever chose to publish the alleged defamatory matter hereto annexed and marked as EXHIBIT B the copy of textbook published by Maharashtra state board.
7. This court may be pleased to take on record that Shaheed Sant Jarnail Singhji Bhindrawale was not named in any FIR ever in his life yet the text book chose to propagate false information by stating that Santji was arrested by Police they failed to also print that Santji was arrested without their name being in any FIR. Hereto is marked and annexed as "EXHIBIT A" a copy of series of communication by one RTI Activist Mr. Navdeep Gupta, the petitioner is thankful to Mr.Navdeep Gupta for taking up he cause in a proper way.
8. The petitioner further begs to state that a State Government and the Central Government had no document proclaiming Shaheed Sant Jarnail Singhji Bhindrawale as terrorist, the same letter are annexed in Exhibit A.
9. The petitioner begs to submit that Only 36 bodies were recovered from Akal Takht after operation Blue Star was over the as stated in the Reply of Government of India, Ministry of Home Affairs even the Central Government chose to respect the Shaheed Bhindrawale and others shaheed by, not calling them terrorist the copy of this letter is enclosed in Exhibit A."
3. Then, the petitioner sets out the history of Operation Bluestar in the further paragraphs. He alleges that the textbook has called the Shaheeds protecting Harmandar Sahib as terrorist. There were only 36 corpses
