The publication of a book does not fall within Section 295-A of the Penal Code unless the words used are such as are bound to be regarded by any reasonable man as grossly offensive and provocative and maliciously and deliberately intended to outrage the feelings of any class of citizens of India.

Harnam Singh, J.

1. In Criminal Original No. 35 of 1952 Shri Shiv-ram Das Udasi applies under Section 99-B, Criminal P. C., hereinafter referred to as the Code, that the order passed by the State Government under Section 99-A of the Code forfeiting to the Government every copy of the book called Gurmat Vichar Suraj and all the documents containing copies, reprints and translations of or extracts from that book may be set aside.

2. In Criminal Original No. 35 of 1952 the point for consideration is whether the book called Gurmat Vichar Suraj contains any matter the publication of which is punishable under Section 124-A or Section 153-A or S. 295-A, Penal Code.

3. Section 99-D of the Code provides that the Special Bench shall, if it is not satisfied that the book contains matter punishable under Section 124-A or Section 153-A or Section 295-A, Penal Code, set aside) the order of forfeiture.

4. In these proceedings it is common ground that the boob does not contain any seditious matter punishable under Section 124-A or any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of citizens of India punishable under Section 153-A, Penal Code. That being the position of matters, the question that arises for decision is whether the book contains matter which is deliberately and maliciously intended to outrage the feelings of any class of citizens of India by insulting the religion or the religious beliefs of that class.

5. In 1898 Bhai Kahan Singh published the book called Ham Hindu Nahin wherein he stressed the points of difference on religious mat-ters between the Hindus and the Sikhs.

6. In 1937-38 Shri Shivram Das Udasi wrote the book called Gurmat Darpan. In that book Shri Shivram Das Udasi maintained inter alia that inasmuch as the Sikh Gurus had made supreme sacrifices for the protection of Hindu culture the Gurus were Hindus. That book was published by Sardar Bulaqi Singh and Sardar Amar Singh of Gujrat, Punjab.

7. In April, 1939 Shri Bhag Mal Udasi published the book called Gurmat Darshan wherein he made an attempt to show that the point of view expressed by Shri Shivram Das Udasi in the book called Gurmat Darpan was erroneous.

8. In February, 1951 Shri Shivram Das Udasi published book called Gurmat Vichar Suraj wherein he dealt with points raised by Shri Bhag Mal Udasi in Gurmat Darshan and Bhai Khan Singh in Ham Hindu Nahin.

9. By order passed on 29-2-1952, the State Government has declared to be forfeited to Government every copy of the book called Gurmat Vichar Suraj and all the documents containing copies, reprints, and translations of or extracts from Gurmat Vichar Suraj. In passing orders under Section 99-A of the Code the State Government thought that the passages appearing at pages 184, 246, 248, 259, 272, 291, 302, and 312 of the book called Gurmat Vichar Suraj were punishable under Section 295-A, Penal Code.

10. Indisputably, it is no defence to a charge under Section 295-A, Penal Code, for anyone to plead that he was writing a book in reply to the one written by one professing another religion who has attacked his own religion.

11. In arguments it was conceded that the publication of passages appearing at pages 259, 272, 302 and 312 of the book does not fall within S, 295-A, Penal Code. Indeed it was said that the objectionable passages in the books were those to be found at pages 184, 246, 248, and 291 of the book.

12. Shri Bhag Mal maintained in the book called Gurmat Darshan, that God is not in the guise of the Hindu deity, Vishnu. In that book Shri Bhag Mal prefaced his discussion by his own poetic composition. In the passage appearing at page 184 of the book called Gurmat Vichar Suraj Shri Shivram Das Udasi has criticised the passage from the poetic composition of Shri Bhag Mal reading

"Ram Krishan Avtar Asur Sangharan Karne Sirje Sirjanhar."

13. Plainly, Shri Bhag Mal in the passage cited above maintained that Cod created Ram and Krishan Avtars for dest