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2005 Supreme(Cal) 635

ALOK KUMAR BASU, SOUMITRA PAL, DILIP KUMAR SETH
Sujato Bhadra – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appearing Parties:Joymalya Bagchi Kaushik Gupta, Souvik Mitra, Kallol Mondal, L. Vishal Kumar, Balai Chandra Roy, Kazi Safiullah, Swapan Kumar Mallick, Sardar Amjad AH, Kazi Safiullah, Manas Kumar Das, Idrish Ali, Sreemoyee Mitra, Aparna Samanta, Advocates.

Judgment :

SETH, J.

1. I have the privilege of going through the judgment prepared by His Lordship the Honble Alok Kumar Basu, J. I fully concur with the view and the reasoning given therein. However, I would like to add a few words of mine in support of the judgment prepared by His Lordship.

2. Before we embark upon deciding the question whether the book "Dwikhandita" written by Taslima Narseen of Bangladesh could be proscribed in India, we may note some of the relevant facts, which require attention for the purpose of answering the question. These are : (1) that the book "Dwikhandita" is the third volume of the auto-biolographical trilogy of the author (2) that she, herself a woman, had written the alleged offending part in the context of the status of women in the society in Bangladesh emanating from adopting of Islam as a State religion; (3) that she was expressing her own view and political thoughts/philosophy in relation to the Constitution of Bangladesh of which secularism was one of its salient features since deviated from, subsequently, by the State by adoption of Islam as a State religion doing away with the secularism to suit the particular purpose of the particular ruler;

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