SC stops M'rashtra from acting against author
The Supreme Court has restrained Maharashtra from proceeding against the author of a controversial book, Shivaji - Hindu King in Islamic India.
By Sanjay K Singh, TNN |
Sanjay K Singh
NEW DELHI: The Supreme Court has restrained Maharashtra from proceeding against the author of a controversial book, Shivaji — Hindu King in Islamic India. The apex court stated that the crux of the book has to be judged and not merely scattered passages to prove the charge of destroying public order and hurting the sentiments of communities.
A bench comprising chief justice K G Balakrishnan, justice L S Panta and justice D K Jain said, “The respondents (Maharashtra government and others) shall not proceed against Professor James W Laine, the author of the book for offences under Sections 153, 153A and 34 of the IPC.”
The state of Maharashtra on January 9, 2004, had registered a FIR against the author, publisher and printer of the book alleging an attempt to destroy public order. The court said that the question to be decided is whether the ‘offensive’ paragraph would attract penal consequences envisaged in Section 153 A of IPC.
“The intention has to be judged primarily by the language of the book and the circumstances in which the book was written and published. The matter complained of, must be read as a whole. One cannot rely on strongly worded and isolated passages for proving the charge, nor indeed can one take a sentence here or there and connect them by a meticulous process of inferential reasoning,” said Justice Panta writing the verdict.
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The court while restraining the state from proceeding in the matter said, “The intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153A of IPC, and the prosecution has to prove prima facie the existence of mens rea (criminal intent).”In the present case, the author thought his work to be worthy of dedication to his mother. It was purely a scholarly pursuit and was devoid of any intention or motive to involve himself in trouble, said the court. It also said that it is the sole responsibility of the state to make positive efforts to resolve every possible conflict between any of the communities, castes or religions within the state and try everything possible to establish peace and harmony within the state under all circumstances. The book authored by the US-based scholar had caused widespread outcry in Maharashtra.
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