The Koran, being a sacred book of the Muslim community, cannot be declared forfeited under S. 95 of the Cr. P. C. or any other provision of law. S. 153A and S. 295A of the IPC are not attracted in the present case as the Koran does not promote enmity or hatred between different classes of citizens or insult the religious beliefs of any class of citizens. The petition is not maintainable as it is an attempt to interfere with the freedom of religion guaranteed under Art. 25 of the Constitution of India.

BIMAL CHANDRA BASAK, J.

( 1 ) I have heard and disposed of this application on the 13th of May 1985 when 1 indicated that I shall give my reasons later. Facts :

( 2 ) THIS is an application under Art. 226 of the Constitution of India praying for a Writ of Mandamus directing the State of West Bengal to declare each copy of the Koran, whether in the original Arabic or in its translation in any of the language, as forfeited to the Government.

( 3 ) THIS application was first moved before Khastgir, J. The learned Judge entertained the application, gave directions for notice and for affidavits. Thereafter for some reason or other the learned Judge chose not to proceed in this matter any further and released this matter from her list. Such reason cannot be found out from the records of this case though the learned Judge had chosen to lake an unprecedented step by giving an interview to the Press regarding the same of which I cannot and do not take any notice. The Chief Justice thereafter assigned this matter to me. As the learned Judge after giving directions has chosen not to hear this matter any further and as this matter has been assigned to me, I have recalled all the earlier orders and/or directions passed and heard the matter afresh as Court Application on the question of issue of the Rule nisi, if any. Accordingly the petitioner No. 1 who is appearing in person made submissions and prayed for issue of a Rule.

( 4 ) THE learned Advocate General has appeared for the State and with the leave of this Court the learned Attorney General has made submissions on behalf of Union of India.

( 5 ) THE petitioners have, in this petition, quoted, some passages from the English translation of Koran and thereafter made the following averments :--"the offending expressions contained in the Koran and quoted in paragraphs 4, 5 and 6 above are not so offensive in their translation in which they are so quoted as they are in the original verses in the Arabic or in the Urdu, the very sound of whose inimitable symphoney not only send the Muslims to tears and ecstasy but arouse in them the worst communal passions and religious fanaticism, which have manifested themselves in murder, slaughter, loot, arson, rape and destruction or descretion of holy places in historical times as. also in contemporary period not only in India but almost all over the world. " (paragraph 8)"in this way, the publication of the Koran in the original Arabic as well as in its translations in various languages including Urdu, Hindi, Bengali, English etc. , amounts to commission of offences punishable u/s. 153a and 295a of the Penal Code and accordingly each copy of the book must be declared as forfeited by the respondent u/s. 95 of the Criminal P. C. , 1973. " (paragraph 9) SUBMISSIONS - Petitioner.

( 6 ) THE petitioner in his submission has repeated what has been stated in the petition. He has submitted that the provisions of S. 153a and 295a of the Penal Code is attracted and accordingly the respondent State should be directed to take action under S. 95 of the Criminal P. C. He has submitted that Koran seeks to destroy idols, it encourages crime and invites violence. It is also against morality. It outrages the religious feelings of non-muslims. It insults all religions excepting Islam. It encourages hatred, disharmony, feelings of enmity between different religious communities in India.

( 7 ) THE relevant provisions of S. 95 of the Criminal P. C. (hereinafter referred to as Cr. P. C.) and S. 153a, 295 and 295a of the Penal Code (hereinafter referred to as I. P. C.) are set out hereinbelow : -CR. P. C.- Sec. 95 : (1) Where- (a) any newspaper, or hook or (b) any document, wherever printed, appears to the State Government to contain any matter she publication of which is punishable under S. 124 A or S. 153a or 153b or S. 292 or S. 293 or S. 295a of the Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare every cop

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