and/or www.mantra.com/jai (Dr. Jai Maharaj)
2010-07-10 04:20:15 UTC
SC lifts ban on Laine's book on Shivaji
PTI
The Pioneer
Saturday, July 10, 2010
Indraprasth aka New Delhi - All hurdles on the publication and
circulation of controversial book -- Shivaji - The Hindu King in
Muslim India, came to an end with the Supreme Court on Friday
refusing the plea of Maharashtra government to ban it.
The apex court upheld the decision of the Bombay High Court to lift
the ban on the book by American author James Laine, which, according
to the state government, contained material promoting social enmity.
A bench comprising Justices D K Jain and H L Dattu agreed with the
High Court that the Maharashtra government did not follow the
mandatory procedure while invoking the ban on the book.
The state government had approached the apex court after the High
Court had in 2007 lifted the ban on the book on the petition filed by
advocate Sanghraj Rupawate, documentary filmmaker Anand Patwardhan
and social activist Kunda Pramila.
The High Court, in its order, had said that the notification issued
by the state government was not sustainable in the light of the apex
court's order which had quashed criminal proceedings against Laine
over allegations that the book promoted social enmity.
The state government had issued the ban on January 15, 2004 under
section 95 of the Criminal Procedure Code that empowers a state
government to order ban 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.
The book written by the Laine, a professor of religious studies, was
published in 2003 by 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The state government had withdrawn the notification on January 2004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 had challenged.
Reacting to the judgement Maharashtra Government said it favoured
continuation of the ban on the controversial biography of Shivaji and
was seeking legal opinion after the Supreme Court turned down its
plea in this regard.
"I personally and the state government also, feel that the ban should
continue.... We are seeking opinion of legal experts on approaching
the court to ensure the ban continues," Maharashtra Home Minister RR
Patil said in Mumbai.
http://dailypioneer.com/268257/SC-lifts-ban-on-Laines-book-on-Shivaji.html
More at:
http://www.dailypioneer.com
Jai Maharaj, Jyotishi
Om Shanti
o Not for commercial use. Solely to be fairly used for the educational
purposes of research and open discussion. The contents of this post may not
have been authored by, and do not necessarily represent the opinion of the
poster. The contents are protected by copyright law and the exemption for
fair use of copyrighted works.
o If you send private e-mail to me, it will likely not be read,
considered or answered if it does not contain your full legal name, current
e-mail and postal addresses, and live-voice telephone number.
o Posted for information and discussion. Views expressed by others are
not necessarily those of the poster who may or may not have read the article.
FAIR USE NOTICE: This article may contain copyrighted material the use of
which may or may not have been specifically authorized by the copyright
owner. This material is being made available in efforts to advance the
understanding of environmental, political, human rights, economic,
democratic, scientific, social, and cultural, etc., issues. It is believed
that this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title
17 U.S.C. Section 107, the material on this site is distributed without
profit to those who have expressed a prior interest in receiving the included
information for research, comment, discussion and educational purposes by
subscribing to USENET newsgroups or visiting web sites. For more information
go to: http://www.law.cornell.edu/uscode/17/107.shtml
If you wish to use copyrighted material from this article for purposes of
your own that go beyond 'fair use', you must obtain permission from the
copyright owner.
Since newsgroup posts are being removed
by forgery by one or more net terrorists,
this post may be reposted several times.
PTI
The Pioneer
Saturday, July 10, 2010
Indraprasth aka New Delhi - All hurdles on the publication and
circulation of controversial book -- Shivaji - The Hindu King in
Muslim India, came to an end with the Supreme Court on Friday
refusing the plea of Maharashtra government to ban it.
The apex court upheld the decision of the Bombay High Court to lift
the ban on the book by American author James Laine, which, according
to the state government, contained material promoting social enmity.
A bench comprising Justices D K Jain and H L Dattu agreed with the
High Court that the Maharashtra government did not follow the
mandatory procedure while invoking the ban on the book.
The state government had approached the apex court after the High
Court had in 2007 lifted the ban on the book on the petition filed by
advocate Sanghraj Rupawate, documentary filmmaker Anand Patwardhan
and social activist Kunda Pramila.
The High Court, in its order, had said that the notification issued
by the state government was not sustainable in the light of the apex
court's order which had quashed criminal proceedings against Laine
over allegations that the book promoted social enmity.
The state government had issued the ban on January 15, 2004 under
section 95 of the Criminal Procedure Code that empowers a state
government to order ban 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.
The book written by the Laine, a professor of religious studies, was
published in 2003 by 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 had challenged.
Reacting to the judgement Maharashtra Government said it favoured
continuation of the ban on the controversial biography of Shivaji and
was seeking legal opinion after the Supreme Court turned down its
plea in this regard.
"I personally and the state government also, feel that the ban should
continue.... We are seeking opinion of legal experts on approaching
the court to ensure the ban continues," Maharashtra Home Minister RR
Patil said in Mumbai.
http://dailypioneer.com/268257/SC-lifts-ban-on-Laines-book-on-Shivaji.html
More at:
http://www.dailypioneer.com
Jai Maharaj, Jyotishi
Om Shanti
o Not for commercial use. Solely to be fairly used for the educational
purposes of research and open discussion. The contents of this post may not
have been authored by, and do not necessarily represent the opinion of the
poster. The contents are protected by copyright law and the exemption for
fair use of copyrighted works.
o If you send private e-mail to me, it will likely not be read,
considered or answered if it does not contain your full legal name, current
e-mail and postal addresses, and live-voice telephone number.
o Posted for information and discussion. Views expressed by others are
not necessarily those of the poster who may or may not have read the article.
FAIR USE NOTICE: This article may contain copyrighted material the use of
which may or may not have been specifically authorized by the copyright
owner. This material is being made available in efforts to advance the
understanding of environmental, political, human rights, economic,
democratic, scientific, social, and cultural, etc., issues. It is believed
that this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title
17 U.S.C. Section 107, the material on this site is distributed without
profit to those who have expressed a prior interest in receiving the included
information for research, comment, discussion and educational purposes by
subscribing to USENET newsgroups or visiting web sites. For more information
go to: http://www.law.cornell.edu/uscode/17/107.shtml
If you wish to use copyrighted material from this article for purposes of
your own that go beyond 'fair use', you must obtain permission from the
copyright owner.
Since newsgroup posts are being removed
by forgery by one or more net terrorists,
this post may be reposted several times.