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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE GANESAN, THE HONOURABLE MR. JUSTICE KRISHNASWAMY REDDY & THE HONOURABLE MR. JUSTICE MAHARAJAN
Chinna Annamalai - Appellant
Versus
State of Tamil Nadu - Respondent
Case No : Criminal Misc Petn. No. 391 of 1971
Decided On : 24 February 1971
CRIMINAL PROCEDURE CODE - SECTION 99-A - FORFEITURE OF POSTERS - GROUNDS FOR OPINION - STATEMENT IN ORDER - ESSENTIAL - FAILURE TO STATE GROUNDS - ORDER BAD - QUASHING OF ORDER.
Fact of the Case:
Petitioner, a Hindu, printed posters depicting the beating of Hindu Gods Rama and Muruga by the leader of Dravida Kazhagam party and his followers in a procession at Salem. The posters were printed to condemn the acts and to expose the indifferent attitude of the Government in not taking action against the offenders. The Government issued a notification forfeiting the posters under Section 99-A, Cr.P.C., on the ground that the posters contained matters promoting enmity between different classes of citizens or deliberately and maliciously intended to outrage religious feelings.
Finding of the Court:
The impugned order did not state the grounds on which the opinion was formed by the Government as required under Section 99-A, Cr.P.C. The order merely reproduced the matter contained in the poster and repeated the ingredients of Sections 153-A and 295-A, I.P.C., but it did not say how, in what manner, and whose religious beliefs were wounded. It did not state why the Government thought that such offense to religion had been caused.
Issues: Whether the impugned order was valid and justified under Section 99-A, Cr.P.C.
Ratio Decidendi: The court held that an order under Section 99-A, Cr.P.C., can be made only when the Government forms a certain opinion and states the grounds of its opinion in the order. The court relied on the Supreme Court decision in Harnamdas v. State of Uttar Pradesh, which held that the Government must state the grounds of its opinion in declaring the seizure of the impugned document to be forfeited to the Government. The court further held that the poster did not promote or attempt to promote feelings of enmity or hatred between two religious groups, as the petitioner printed the posters as part of the election propaganda against a particular political party.
Final Decision: The court allowed the petition, set aside the Government Notification of forfeiture dated 12th February 1971, and ordered the return of the posters to the petitioner.
KRISHNASWAMY REDDY, J.
This petition has been filed to quash the Government notification dated 12-2-1971 forfeiting the posters printed and published by the petitioner.
2. The petitioner is a Hindu. He belongs to the Asthika Sangam. Madras. The circumstances under which the petitioner placed orders to print the posters leading to the order of Government forfeiting the posters are stated to be as follows :
3. The petitioner learnt from the Press that at the instigation of Thiru E. V. Ramaswami Naicker the Leader of Dravida Kazhagam several tableaus depicting the picture of Gods Rama and Muruga were being beaten by a chappal in a procession held at Salem on 23rd and 24th January 1971. The petitioner being a Hindu and being a member of Asthika Samagam was very much wounded by the activities carried on by the party belonging to Thiru E. V. Ramaswami Naicker. The Government of Tamil Nadu did not take any action against the persons who took part in the said procession in spite of opposition by the public through reports in several newspapers. The petitioner, therefore placed an order with Aspy Litho Works Madras, to print posters depicting the very acts done to Hindu Gods and the propaganda carried on by the party belonging to the said Dravida Kazhagam Leader. Just at or about the time when the posters were about to be pasted in the several parts of the city, the Government of Tamil Nadu issued a Notification G.O.Ms. No. 491 Home dated 12-2-1971 directing the posters to be forfeited to the Government on the ground that the said posters contained matters which promote or intend to promote the feelings or enmity and hatred between different classes of citizens of India or which is deliberately or maliciously intended to outrage the religious feelings of any such class by insulting the religion or the religious feelings of that class. In consequence of the Government Order, the impugned posters were forfeited from the Press.
4. The petitioner submitted that the posters were printed to condemn what the Leader of Dravida Kazhagam party and his followers did at Salem. The cartoons depict the Leader of the Dravida Kazhagam party Thiru E. V. Ramaswami Naicker raising chappal to beat Gods Rama and Muruga by his right hand and holding a pamphlet in his left hand containing the words "Matran Manaiviyai pendana sattathil idam vendum" The poster is marked as Ex. A. On the top of the poster there is a heading printed in the following terms :
"Ramanaiyum Muruganaiyum seruppal adithavanin silaigalai thirandha seedarukka ungal vottu." *
The petitioner further submitted that the Government Order forfeiting the posters were passed with a view to prevent the election propaganda against the Government headed by Thiru M. Karunanidhi.
5. The Home Secretary of the Government of Tamil Nadu filed a counter stating that the action of the petitioner in publishing the cartoon was with the deliberate and malicious intention of outraging the religious feelings of the citizens of India by visible representations and his intention in doing so was to promote on grounds of religion, feelings of enmity and hatred and the Government therefore, issued order forfeiting the said posters. It was further submitted in the counter that action was taken against the persons responsible for the acts complained of by the petitioner as regards the incident at Salem.
6. The impugned order of the Government runs thus :
"1. Whereas it appears to the Governor of Tamil Nadu that a poster with the heading" *
Sri Ramanaiyum Muruganaiyum seruppal aditha periarin silaigalaithirandhu seedarukka urgal vottu
"has been printed and published;
2. And whereas the said poster contains the pictures of God Rama and Muruga;
3. And whereas in the said poster, it is depicted that Thiru E. V. Ramaswami Naicker is raising a chappel to beat God Rama and Muruga by his right hand :
4. And whereas the said E. V. Ramaswami Naicker is holding a pamphlet in his left hand containing the words Matran Manaiviyai
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