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High Court Of Madhya Pradesh
P. K. Tare, A. P. Sen and G. P. Singh, JJ.
RAMLAL PURI - Appellant
Versus
STATE OF M.P. - Respondents
Misc. Criminal Case 489 Of 1970
Decided On : 12/24/1970
[Paras 13 & 30]
(2) Criminal P.C., 1898 - Ss. 99-A & 99-B - object of section 99 – A - matters to be considered in proceedings under section 99-B - interveners to support the order of forfeiture - cannot be heard - order cannot be supported on grounds not mentioned in the order.
The object of an order under section 99-A of the Code is the maintenance of public order and it is for the State Government alone to form the opinion on matters mentioned in the section before passing any order of forfeiture. In a proceeding taken under section 99-B to set aside the order of forfeiture, the sole issue before the Court is the correctness of the opinion of the Government and the grounds mentioned in the order in support of that opinion. Neither the Court nor the State Government nor anyone else can supplement the opinion or the grounds mentioned in the order. Having regard to the nature and scope of a proceeding under section 99-B, it is difficult to hold that any person other than the State Government can be heard in support of the order. [Paras 37 & 10]
An order of forfeiture passed under section 99-A of the Code can be upheld only on grounds mentioned in it. AIR 1961 SC 1662 relied on. [Para 32]
(3) Criminal P.C., 1898 - S. 99 – A - conditions necessary for passing an order under -offending passages need not be reproduced in full - powers of the High Court.
The conditions for exercise of the power of forfeiture under section 99-A of the Code of Criminal Procedure are two fold: (1) that it should appear to the State Government that the book contains matter the publication of which is punishable under section 124-A or section 153-A or section 295-A of the Penal Code; and (2) that the grounds on which the opinion of the Government is based should be stated in the n0tification which declares the forfeiture of the book. If the grounds on which the opinion of the Government is based are not mentioned in the notification, the second condition for the exercise of the power would be lacking and the order of forfeiture would be set aside. AIR 1961 SC 1662 relied on.
But it does not appear to be necessary that the offending passages should all be reproduced in the notification or that the grounds or reasons in support of the opinion formed by the Government should be stated in any particular form or in great detail. It will be sufficient if by reading the notification a person interested in the book is able to understand the grounds on which the Government formed its opinion. [Paras 37 & 15]
(4) Penal Code, 1860 - S. 295-A - requirements of the section – intention necessary.
Section 295-A requires that there should be a deliberate and malicious intention of outragating the religious feeling of any class of citizens. The test that is to be applied to such cases is not that of an abnormal or hyper - sensitive man, but that of an ordinary man of ordinary common - since and prudence. [Paras 23 & 33]
(5) Constitution of India - Art. 25 - limits on the fundamental right - power of the State Government.
The fundamental right under Art.25 of the Constitution to profess, practice and propagate religion is expressly "subject to public order, morality and health." The guarantee under Article 25, therefore, does not take away the authority of the State to legislate and act for maintenance of public order and protection of morality and health of the community without which it would be impossible to exercise the fundamental right and the guarantee of the right would itself become a mockery. AIR 1958 SC 731 referred to. [Para 35]
( 1 ) THIS order shall also govern the disposal of all the cases mentioned above. Shri ramlal Puri is the Printer and Publisher of a book, by name, "agni Pareeksha", written by Acharya Shri Tulsi, Head of the Tera-panthi school of Shwetambar Jain sect. The petitioner in the other connected case, namely, Misc. Criminal Case No. 468 of 1970, is the Jain Shwetambar Terapanthi Mahasabha, which had sponsored the publication of the book. An acknowledgment of that fact is made in the book itself. The petitioners in the last named petition namely Amar-chand and others are the followers of Jain religion belonging to the Terapanthi sect of Shwetambar cult. As followers of the said sect they claimed that they have a right to read the book and to recite the poems on religious occasions or even otherwise.
( 2 ) THESE are petitions filed by three different sects of person claiming interest in the book, "agni Pareeksha" under Section 99-B of the Code of Criminal Procedure, wherein the order of the State Government, dated 28-9-1970, published in the madhya Pradesh Gazette, dated 28-9-1970, at page 1656, passed under Section 99-A of the Code of Criminal Procedure, forfeiting to the Government all copies of the book "agni Pareeksha", is challenged on various grounds. Presently we shall have occasion to deal with those grounds. ( 3 ) IT may be appropriate at this stage to reproduce the entire Notification, which is as follows.-
"bhopal the 28th September, 1970, No. 4581-6014-I-K-70, whereas it appears to the State Government that couplets finding place on pages 29, 33, 38, 39, 43, 44 and 86 of the book named 'agni Pariksha' written by Shri Acharya Tulsi and published by Atmaram and Sons Delhi, jullunder, Jaipur, Meerut, Chandigarh are grossly offensive and provocative and contain matters which are deliberately and maliciously intended to outrage the religious feelings of Sanathani Hindus by insulting the religion and religious beliefs of the said class and the publication of such matter is punishable under Section 295-A of the indian Penal Code, 1860 (45 of 1860 ). Now, therefore, in exercise of the powers conferred by Section 99-A of the Code of Criminal Procedure, 1898 (5 of 1898), the State Government hereby declares every copy of the said book 'agni Pariksha' to be forfeited to the Government of Madhya Pradesh. "
( 4 ) THE power of forfeiture of a newspaper or a book or any document is conferred by Section 99-A of the Code of Criminal Procedure, which is as follows:-" s. 99-A. Power to declare certain publications forfeited, and to issue search warrants for the same.
(1) Where (a) any newspaper, or book as defined in the Press and registration of Books Act, 1867, or (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, 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 such issue or any such book or other document may be or may be reasonably suspected to be. (2) In Sub-section (1) "document" includes also any painting, drawing or photograph, or other visible representations. "
( 5 ) AT this stage it is releva
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