A notification issued under Section 99A of the Code of Criminal Procedure must state the grounds of the State Government's opinion that the publication contains matter intended to promote feelings of enmity or hatred between different classes of citizens of India.

K. S. Hedge C. J. ,h. R. Khanna and Tatachari JJ.

( 1 ) THE brief facts, giving rise to this application under Section 99-B, of the Code of Criminal Procedure (hereinafter referred to as the Code) by Mohammad Khalid petitioner, are as under : - On 27th November 1959, the Chief Commissioner of Delhi issued the following notification under Section 99 A of the Code.

"no. F, 110/59-C, Whereas the Chief Commissioner, Delhi is satisfied that the book entitled khilafat i Meawia wa Yazid in Urdu by Mohammad Ahmed Abbasi and published by Ruhani Kutub Khan Pul Bangash, Delhi, contains matter which is deliberately and maliciously intended to promote feelings of enmity or hatred between different classes of citizens of India and the publication of which is punishable under-Section 153-A of the Indian Penal Code (Act XLV of 1860) Now, therefore, on the above-stated grounds and in exercise of the powers conferred by Section 99a of the Code of Criminal Procedure (Act V of 1898), the Chief Commissioner Delhi, hereby declares to be forfeited to Government every copy of the said book and all other documents containing copies, reprints and translations of or extracts from the said book. By Order A. B. Pande, Chief Secretary, Delhi Administration. The Petitioner, who claimed to be the printer of the book khilafat- i- Meawia wa Yazid" mentioned in the order, filed the present application for quashing the above order of the Chief Commissioner. A number of grounds were mentioned by the petitioner, but we are not concerned with all of them. One of the grounds on which the petitioner challenged the order, was that it was vague inasmuch as it did not specify the parts of the book which were claimed to be objectionable.

( 2 ) THE application was resisted by the Chief Commissioner, Delhi, and the affidavit of Shri Anang Pal, Under Secretary of the Delhi Adminitration was filed. It was not admitted that the petitioner had locus standi to file the application. Plea was taken that the book in dispute conained matters which deliberately and maliciously promoted feelings of enmity and hatred between Shias and Sunnis, and were highly provocative to Shias, and were intended to injure their religious susceptibilities. The application came up for hearing before a Special Bench of the Punjab High Court on 10th December 1962 and the learned Judges held that the petitioner had an interest in the book in question and as such had locus standi to file the application.

( 3 ) BEFORE dealing with the respective contentions of the parties, it would be appropriate to reproduce the different provisions of law having bearing on the point of controversy. Section 99a of the Code gives power to the State Government to declare certain publications forfeited and to issue search warrants for the same, and reads as under

" (1) Where- ia.) any newspaper, or book as defined in the Press and Registration of Books Act 1867 (25 of 1867), (b) any document, Wherever printed, appears to the State Government to contain any seditious matter or any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of the citizens of India or which is deliberately and maliciously intended to outrage the religious feelings of any such class by insulting the religion or the religious beliefs of that class, that is to say, any matter the publication of which is punishable under Section 124-A or Section 153-A or section 295-A of the Indian Penal Code (45 of 1860), the State Government may, by notification in the Official Gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same, wherever found in India, and any Magistrate may by warrant authorise any police-officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of su

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