The Bombay High Court on Thursday set aside the Maharashtra government's notification banning American author James Laine's controversial book 'Shivaji - The Hindu King in Islamic India'.
MUMBAI: The Bombay High Court on Wednesday lifted the ban on American author James Laine’s controversial book — Shivaji: Hindu King in Islamic India. On April 7, the Supreme Court had quashed criminal proceedings against Laine over allegations that the book promoted social enmity.
In their judgment, the bench of Justice FI Rebello, Justice VK Tahilramani and Justice Abhay Oka said: “The writings of the book do not constitute an offence under the IPC.” The court also observed that the state government’s notification of 2006 has to be struck down in the light of SC order.
In fact, the court said that once the Supreme Court had quashed all charges against Laine, the state government should have withdrawn its notification to veto the publication and sale of the book in Maharashtra.
A petition filed by lawyer and activist Sangharaj Rupawate, filmmaker Anand Patwardhan and activist Kunda Pramila stated that it was the opinion of the state government that the book makes derogatory references against Shivaji and has resulted in causing enmity between various communities leading to acts of violence and disharmony.
"Those who rule this country do not have the monopoly of wisdom and they cannot decide what the sovereign people of India should know or not know", the petition contended. They further said historians should have "untramelled freedom to inquire, discover and disclose the facts and events of the past."
The state government had issued the ban on January 15, 2004 under section 95 of the Criminal Procedure Code that empowers the state government to order bans on books if they contain any material that can lead to breach of peace and tranquility and cause communal tension. Publication of such material is punishable under various sections of the IPC.
However, the full bench held that associate advocate general Ashutosh Kumbhakoni, appearing on behalf of the state government, did not produce or disclose any such material in the book or name groups that did not revere Shivaji.
Kumbhakoni pressed for the ban to continue since it had been imposed for three years but the court rejected his contention saying, "Law is never captive, it changes with times".
The book written by the Laine, a professor of religious studies, was published in 2003 at the Oxford University Press in New York and New Delhi. It was banned by the state government after 150 cadres of the Sambhaji Brigade ransacked the office of Bhandarkar Oriental Research Institute (BORI) in Pune and destroyed property on Januray 5, 2004.
The state government had withdrawn the notification on January 2004 but issued a similar one on December 28, 2006 which the petitioners in the case challenged.
Sanajay Raut, Shiv Sena MP and spokesperson said, “We respect the decision of the High Court. But the state government should keep in mind public sentiments. Shivaji Maharaj is a revered figure of not only the Hindus in the state but also in the country. We do not approve of Laine's writing and we expect the government to play a strong role. If it is passive, we will stand up against the government.”
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