Civil Appeal No. 5205 of 2010)
JULY 9, 2010
[2010] 8 S.C.R. 328
STATE OF MAHARASHTRA & ORS. V.SANGHARAJ DAMODAR RUPAWATE & ORS.
◼️Code of Criminal Procedure, 1973- s. 95- Notification under – Forfeiture for of books – On the basis of FIR alleging offences u/ss. 153, 153A r/w s. 34 IPC-Notification quashed by High Court-On appeal held: The power u/s. 95 has direct impact on the right of freedom of speech and expression under Article 19(1)(a) of Constitution and impinges on right to privacy – Therefore, the provision has to be construed strictly and the power thereunder must be exercised only in accordance with the procedure laid down therein – It is mandatory for such notification to state the ground on which the Government formed its opinion Test of validity of notification – Legal aspects to be kept in mind – Discussed – On facts, the notification is invalid as the conditions statutorily mandated for exercise of powers u/s. 95 are lacking – The FIR which formed the basis for issuance of notification since was quashed by Supreme Court, the notification also becomes invalid – Constitution of India, 1950 – Article 19(1)(a).
◼️State of Maharashtra issued notification u/s. 95(1) Cr.P.C., directing forfeiture of every copy of the book titled “Shivaji – Hindu King in Islamic India”. The notification was issued on the basis of an FIR registered u/ss. 153, 5153A r/s. s. 34 IPC. The notification was challenged and the same was quashed by High Court. Therefore, the instant appeal was filed by the State.
Dismissing the appeal.