IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA) (CRL No: __________) of 2010 R. V. BHASIN Occ: Advocate, S/o. Late Dewan Chand Bhasin, 9/4, Bradys Flats, S. B. Road, Colaba, Mumbai – 400 005 …………………………………………………... Petitioner V/S 1. State Of Maharashtra 2. Senior Inspector Of Police Marine Drive Police Station, Mumbai – 400 020 ……………………………………………….... Respondents And in the matter of: I. Bombay High Court order dated 06-01-2010 of the full Bench Regarding II. Notification dated 09-03-2007 issued by Respondent No: 1 III. Ban on Book – “ISLAM – A CONCEPT OF POLITICAL WORLD INVASION BY MUSLIMS” authored by the Petitioner above (Section 95 and 96 of the CrPc) THE PETITIONER RESPECTFULLY SHEWETH – I, R.V Bhasin, aged about 73 years residing as above, do hereby solemnly affirm and state as under:- 1. Being aggrieved of the Bombay High court order dated 06.01.2010 passed by the full bench of the Hon’ble Court, comprising of three judges namely Hon’ble Mrs. Ranjna Desai, Dr. Shri D. Y. Chandrachud and Shri. R. S. Mohite, in the matter of one statutory application made by the above Petitioner under sections 95/96 r/w sections 91 of Cr P.C & I P C Sections 153-A , 295–A, now files this SLP in the Hon’ble Supreme Court of India. The Petitioner prays for being granted the special leave of this Hon’ble court to be converted into an appeal from the aforesaid order for the consideration by this Hon’ble Court, on the facts and points of the law as elaborated below:- A copy of the 150 pages long order impugned is herewith annexed a) The Petitioner, interalia is the author of several Books of public interest besides being a practicing Advocate registered with the Bar Association of the Supreme Court of India and is also a member of the Bar Council of Maharashtra and Goa. He has authored several Books on different subjects. One such book under the title ‘ISLAM – A CONCEPT OF POLITICAL WORLD INVASION BY MUSLIMS’ was published in the year 2003. This Book was translated in Hindi language by one well known Hindi Scholar by the name Dr. Anil Misra of Allahabad. Almost 10,000 copies of the above Book were printed and sold off all over the world. This Book was written with care and attention in decent and dignified language, bringing out India’s history relating particularly to the religion of Islam and its spread in India and how the Muslims spread out all over the world worked to prostelyze the non Muslims to convert to Islam. It is a well conceded fact that the followers of Islam called the Muslims do not consider any non-believers like the infidel Hindus equal to the Muslims. Hindus certainly were the original natives of this country called Hindustan and later India perhaps after the attack of Alexendar, the great around 323 BC. It is recorded in the history that the native Hindus were forced to alter their faiths from Hinduism & to embrace Islam on the threat of their lives after the invading Muslims militarily defeated the local Hindu kings. The first successful such attack by Muslims, took place in the year 712 AD, when one Mohammed–bin-Kasim attacked the Indian soil near Karachi and on his victory, he ordered the slaughter of all Hindus and the Buddhists above the age of 17 years. He converted thousands of Hindus to Islam on the strength of his sword and molested Hindu women and further destroyed Hindu temples and Buddhist Monasteries. He also dispatched many captured Hindu females to Arabia to serve in the harems of Muslims there. This included the two daughters of one defeated Hindu king by the name of Dahir, who’s Queen and son self immolated themselves to escape their capture while alive. b) The above history is referred in my above titled book which in fact earned great appreciation from its worldwide readership that included the ex-Prime Minister of Britain Mr. Tony Blair, the President of USA, Mr. George W. Bush and our own, then Prime Minister Mr. Atal Bihari Vajpayee and the then Deputy Prime Minister Shri. L.K. Advani. This Book has been received by numerous world libraries besides welcomed by the usual world readership. Its vast readership, world over can be found out even from the Internet now available to millions of people on their computers. Thousands of further copies have also been off loaded from several other Web Sites including my own ‘www rv bhasin dot com’ by the present day popular public spirited Computers who have exhibited this book on their own Web Sites also. Whereas, the owners of such Computer Sites have on their own initiatives reproduced this book with several other books also authored by the Petitioner, the demand of this book has been consistently rising from day to day. c) The contents of this book provide valuable and certainly authentic information about the history, growth and theology of Islam, particularly in India. The book also speaks about its prophet Mohammed and his life The Book while dealing with this subject further enumerates many details about the Muslim history. The book also pvovides information about Prophet Mohammed and further details of the contents of the Holy Book of Muslims known as the “QURAN”. The author took pains and made extensive research about this subject having relationship especially with the history of India. The author has further recorded a few of his own subjective views in context to India’s medieval history period. All facts recorded in this Book are historically true and have been taken by the author from the texts of hundreds of other Books written by well known world experts on the subject and the facts are provided with truth as the belief of the author himself in utmost deceny and dignified language. The author kept in his mind his objective of providing true historical facts to the world readership by way of good information. There is not a single scurrilous or abusive word used by the author in his above book. There are also no insultive words used by the author towards Prophet Mohammed, the holy book of Muslims by the name of Quaran or towards the religion of Islam with any malicious or such like hatred towards them. What the book contains is the author’s own analysis of truth and its effects upon our land and its native people. This book was notified to be banned by the Govt. of Maharashtra in the year 2007 ie after almost four/five years of its first publication in the year 2003. The Govt. Notification as referred above ordering the banning of this book speaks about the opinion of the Govt. In an enclosed compilation of the material documents in this case, the Author/Petitioner has also annexed the said copy of the Notification and further, a copy of his own judicial application made to the High Court under sec. 96 of the Cr.P.C. The Author filed his statutory application along with his first affidavit together with the added affidavit in reply filed by the Govt. and yet another further affidavit in reply, as Author’s further affidavit in Rejoinder. The affidavits are sworn by the Author/Petitioner. The Book as stated before has been in the world market now for almost 6/7 years but not a single complaint or any incident of disturbance of peace has been caused by the availability of this Book in the world market. The book contains the truthful views of the Author/Applicant/Petitioner relating to the subject summarized carefully. Pertinent information is recorded in the above book as the knowledge of the Petitioner & for passing on such valuable information for one and all in the world; the Author has not differentiated its sale between any classes of any society anywhere in the world. d) The Author/Petitioner relies upon his fundamental Constitutional right of Speech and Expression and desires to share ideas in his mind with one and all in the world without any discrimination. He strongly believes both in his own formulated ideas gathered in course of 73 years of his experience and knowledge and his belief in his Fundamental Right as guaranteed to him under Art. 19 of the Constitution of India, the country in which he was born and lives in it as one of its free citizens. As per belief of the author, the State of which the Courts of Law are its organs, are in reality meant to protect the citizens Constitutional or legal rights and not to ever pass wrong judgements by which such legal and Constitutional rights stand curtailed. Such legal rights in any democratic country belong to the sovereign people. There are countries still uncivilized who desire to control its people and their freedom under its wrongfully imagined authority and through misinterpretation of country’s written or otherwise Constitutions e) The above book was banned firstly by the Respondent No.1 and thereafter after 2.5 years legal trial, the High Court of Bombay has confirmed the ban by its 150 page long judicial order, now impugned and is challenged in this SLP. The said impugned order copy is also annexed in the aforesaid compilation of the material documents. A moot and pertinent question arises, if the written books revealing their Authors analysis of history or literature etc as internally conceived by them, in their own creative minds, run the risk of being banned by the State? Are the readers and the writers to stop thinking or creating any literary material at all? Is this desirable or if the same is in tune with our basic Constitutional desirability? Will such restrictions not curb the needed excellence and the creativity of the Nation itself? Are we to consider that the very thought process of the Society whether wrong or right is to be curbed to the liking and acceptance of the Bureaucracy of the State? Very soon our country shall change into a BABU RAJ? f) The Petitioner submits that without any advance notice or any personal hearing given to him, the Respondents above, organized a Police raid on the office of the Author at 76, Bajaj Bhavan, Nariman Point, Mumbai, on 7th April 2007, and carried away 948 Books with its title as above (his precious property) on the pretext that the State had banned the aforesaid book and prevented its further circulation and sale. g) At that time, the Petitioner was not present in his office and was engaged in the Bombay High Court. There was just one female employee of the Petitioner present in the above office at the time of the police raid. The Petitioner returned to his office in the evening of that day and discovered the details of the loot of Books by the Police who came into the above office without being equipped with any Government order (official notification) and also without any legal search warrant issued by any Magistrate. The Petitioner was delivered a copy of the official Govt. notification only after 2/3 days of the above recorded incident. The Petitioner is unaware till today, if the Police party ever got or applied for any magisterial search warrant or that they solely relied upon the words of some persons, formulated their plan of action, purely on the basis of the Notification. Clearly, they also acted beyond the period of limitation and without the strength of any magisterial search warrant. Surely, No magistrate would ever issue any warrant of search without first summoning the concerned party because he could order such concerned party to send the books to him under secs. 91 & 93 of the Cr.PC or to ensure that such items could be alternatively seized or kept under some alternative satisfactory judicial control? Hence, it is submitted that the Author/owner was subjected to public humiliation. These points have been mentioned by the Petitioner in his affidavits, possibly in his affidavit filed in the Rejoinder? h) It is interesting to comment upon the impugned Judgement of Bombay High Court. All the way, the pronounced judgement recognizes the right of the authors/writers or thinkers to be freely permitted even to criticize the religion of others. Yet, the book has been banned. Clearly, this conduct is not supported with any reasonableness under Art. 21 & 19 of our Constitution. Surely, no passages of the book are either cited in the Notification with the Schedule annexed thereto nor anywhere in the impugned Judgement. I am a proud Indian National, an Indian first and an Indian last. This is however not true of 100% Muslims living in the State of India. This may appear pungent &ironical but this is my own subjective experience of life, living in India for 73 or more years. The Hon’ble judges of the Full bench have extensively relied upon my criticism made in the book, seriously doubting if my criticism truly serves any National interest! They have missed to note even the realistic meaning of one common political word in Urdu or Arabic language”UMMAHA’ or Pan Islamization to which every Muslim anywhere in the world must be religiously bound. India has the 2nd largest Muslim population in the world, next only to the population of Indonesia .In spite of this, India is not accepted as a member of another important Islamic political International Organization by the name of “Islamic Conference” till to date. The reason being India after partition is to be treated as a “DARUL HERB” & not as “DARUL ISLAM’ like Pakistan. Unfortunately, lack of proper knowledge of history even on the part of High Court judges has actually put them totally out of world political focus and hence the ban on my book, that provided valuable and authentic information about the Islamic faith and its followers called the Muslims, meaning those who are obedient only to Allah and none else. My book provides in brief, without any sentiments on my part, information about the religion of Islam, its holy book the “Quaran’ in absolute truthfulness for every world reader including the Muslims, should they desire to know, different views on the subject? The judgement moves on the basis of the Hon’ble Courts special reference found in my book which according to the Judges, is really made towards the Muslims in India, who are said to have been deliberately equated by me with other Muslims elsewhere i.e. outside of India with malicious intentions on my part.. The Hon’ble judges seem to disagree with me, suspecting myself hiding intended mischief and undesirable communal provocation in our so called secular country. My book which has now been banned could be said, written with malicious intentions and hence banned, so that all readers are kept in dark for all times to come as far as the contents of this book are concerned. The ban is declared to be justified for the fear or apprehension which could be likely to upset the Indian Muslim population. Further, it could possiblly bring about disturbance of peace & communal disharmonies in our otherwise peaceful society of secular credentials. They rely upon their observations under Art. 19 (2) of the Constitution r/w sections 95, 96 of the Cr.P.C and sections 153 A and 295 A of the IPC. I submit that it is downright incorrect appreciation of law and fact both. In order to support my open doubts in this context, I reproduce as under some News item which appeared in our print media of the year 1954 which I myself read it while a student in B.M. college at Shimla now in Himachal Pradesh. Thereafter, I, once again read the same News item, recorded and published in another book under the title of RATIONALE OF A HINDU STATE authored by Prof. Balraj Madhok. I vividly recalled the same from my own past memory: i) “An interview of Malauna Bokhari published in ‘Weekend Review’ of June 7, 1980 is very revealing in the above context. In reply to a question about the Indian identity of an ‘Indian Muslims’, the Maulana said.’the entire Muslim race has to have only one goal. He, who has this faith, is a Muslim, wherever he may be. There is no difference between an Indian Muslim and any other Mulim anywhere in the world. When asked whether this answer implied that a Muslim is a Muslim first and then a Hindustani ?, he replied “ Yes, Religion comes first for every Muslim, the world over, and his country comes later (The same views were held by Dr. Sayyed Ahemad Khan , the founder of Aligadh University) when he replied in similar words to a question by his Professor in Harvard University and the same words are once again repeated recently in an election meeting held at Bhiwandi This time the words were spoken in course of one recent election meeting by an S.P. Leader namely Mr. Abu Azami. The questioner then asked if it was not unfair that the Muslims demand special rights in India when they are Muslims first and Indians later. Why should Hindus not have higher rights in their own country after Muslims have got on the basis of their famous Two Nation Theory, the land of Pakistan for Muslims alone? This was the land carved out of one united India. He replied Hindus have no religion; they may claim to have their own culture unlike Islam. j) Maulana Bokhari, in fact was echoing, what Maulan Ata Ullah Shah Bokhari, a leading Maulana of Pakistan had told Justice Munir, the Chairman of Ahmediya Riots Commission which was appointed by the Govt. of Pakistan in the year 1954. In reply to one query, Maulana confirmed that according to Islam, no Muslim could be loyal to any non-Islamic country. Then Justice Munir asked him specifically whether a Muslim living in India could be loyal to the Indian State? The reply of the Maulana was an emphatic - NO. 2. The above news item was predominantly published in India, with the clear statement made before the Munir Commission. The Hindustan Times of Delhi carried this News item with further elaborate journalistic additions. This was never contradicted by any other world News paper or by any official of the Government of Pakistan. It stands registered and absorbed in my mind for all times to come. I desire my readers to know the unpolluted truth. Patriotism is seldom artificial and cannot ever be banned. a) While I am preparing my SLP for lodging it in the Supreme Court of India, I proceed to record the contemptuous interference mischievously done by five registered communal Muslim organizations in the going on litigation between myself on one side and the State of Maharashtra on the other. The names of the aforesaid five communal organizations of the Islamists are mentioned as the Interveners by the Hon’ble judges on the front page of their 150 pages long Judgement. Hence, I am not mentioning the same or protesting against it. The 150 pages judgement prominently records the views expressed by their one Sr. Advocate Mr.M.uchhala of Bombay High Court who represented all the five Muslim organizations. They intervened fully knowing that such interference could as well be considered as an act of Contempt under Sec 2(c) of the Contempt of Courts Act 1971 which reads as below: b) “Criminal Contempt means the publication (whether by words, spoken or written, or any signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which- Scandalizes or tends to scandalize, or lowers or tends to lower the authority of any court; or Prejudices or interferes with the due course of any judicial proceeding; or Interferes, or obstructs or tends to obstruct, the administration of justice in any other manner. The above words define what The Contempt of Court is? Admittedly, five similar applications in the names of five different communal organizations of the Indian Islamists actually entered into my going on litigation which was being heard under Cr.P.C’ Secs. 95 & 96. This was done rather belatedly before the full bench of three judges of Bombay High Court. The proceedings were already underway and this intervention by some third parties must cause serious prejudice to my submissions. It was nothing but a direct interference or obstruction in the administration of justice by the aforesaid communal organizations who were never any original parties in my private litigation which under no circumstances can be considered as any PIL. Clearly, the intervention in the case of my book as per sections 95 & 96 of the Cr.P.C was a matter between myself on one side as an Applicant, and the State of Maharashtra on the other side as the Respondent and no third party could or should be involved since the interests of the Society including that of the Muslim community, if any or if at all, were being protected by no less a person than the Advocate General of the State whose role due to the ban on my book was basically based to assuage the feelings of the Muslim community and through the expressed opinion of the Govt as set out in the State Notification were being covered yet, the Govt. of Maharashtra arbitrarily banned my book. It termed it objectionable for the reason of their own view that the social harmony between Hindus and Muslims could be disturbed and might even cause some public order problems and or communal disharmony. Hence, the No. 1 advocate of the state not only represented the case of the State but the same must essentially include the case of the entire Muslim community as well including the feelings of the 5 different interveners. Why & how, were they allowed to be heard and that too when the Advocate General of the State had already CONCLUDED his two days long submissions before the Law Court open to Public.? No other Advocate after the Advocate General could or should have been permitted to address the Court. This point of law also warrants clarification. It cannot be denied that such grant of permission to hear a private Advocate after the concluded hearing of the Advocate General must create some kind of additional impression on the minds of the Hon’le judges and the sane must be termed as interference in the going on legal proceedings being contested between the litigants. In this context, I refer to a Supreme Cort Authority reported in (1980) 3 SCC 311, explaining that such an interference could be termed as a calculated conduct punishable as Criminal Contempt? Should it be so, then the next valid question that must instantly arise if the entire proceedings carried out for about 2.5 years are legally valid or the same stand vitiated under the law. While, I am advised to adopt further contempt proceedings against the aforesaid 5 communal Islamist organizations in the Bombay High Court itself, I am also praying to the Hon’ble Supreme Court to kindly enlighten me from the angle of true interpretation of the Law of Contempt. There may really be more than five interveners but I consider improper to mention it because THE VERY FOUNTAIN OF JUSTICE IS SHAKEN UP DUE TO SUCH MOTIVATED INTERFERENCE which was sorrilly permitted by the Hon’ble High Court itself, and that too in spite of objections raised on this account by me and by one Mr. Khandelwal who too intervened for his own different reasons. The aforesaid Mr. Khandelwal being another intervener is the President of one NGO by the name of “RIGHT TO READ” foundation. He, in fact prayed for this point to be immediately considered as a legal point of jurisdiction, but I refrain from making any further comments as he may himself choose his own independent future course of action. The effect of such interference could certainly cause prejudice to my case and also effect or cause at least some suspicion of bias in the minds of the Hon’ble judges. There is no rule of law which could allow any 3rd party outside of the contesting litigants, to interfere in the rights of the litigant parties. No third parties could ever be permitted to intervene unless it was a PIL and a public Notice was first issued inviting the interested parties to come and intervene. The interest of the litigating parties alone had to be considered and nothing more than that. I submit that this is a Criminal Contempt under the Contempt law. This is what even the authority cited above speaks about and lays down the ratio decidendi for all the Courts in India. Regretfully, this view point and the legal force in it, found no favour with the full bench of the High Court and hence a legal necessity to rush to the Hon’ble Apex Court, praying for real and complete justice. In order to be brief, I shall now refer to the Govt. Notification dated. 9.3.2007 that was only acted upon one month later i.e. on 7.4.2007. This action was carried out by the Respondent No.2 without being first possessed of any Magistrate’s Search warrant for taking away the books and that too without first serving any kind of official notice or order upon me. To remove one’s property for any reason whatsoever, it is imperative that the person concerned be first given at least a notional hearing as stated by me elaborately in my affidavits more particularly while making the first application, further followed by another affidavit filed in the rejoinder. These are contained in the enclosed Compilation. Notification I respectfully submit that the nofication dated 9th march 2007 suffers from some legal vires in that it has failed to first prove, and to arrive at the opinion of the Govt which is not based on any indicated grounds proving that the contents of the Book, in fact, attract the provisions of IPC sections 153A or 295A. As per sec. 95 of the Cr.P.C, it appears mandatory, that any action under this sec. is available only when the grounds of the opinion are unmistakably brought out and the same are unambiguously stated in any Notification issued under this section of law. To challenge the notification, I refer to one para 8 in the Schedule to the notification which reads as below:- “However on going through several of its Ayats (implying the Ayats contained in the holy Quaran), its ordainments given to its followers are not only dangerous but in fact promote hatred in the Society. It is bound to create bitterness between the Muslims and the non-Muslims living in India “Ref. is made to IPC sec. 153 A sub sections (a) & (b).” The above para written on page 104 -para 4 in my Book in question is taken from one Delhi Magistrates judgement referred below who tried a case agaist an accused in the matter of-State of Delhi v/s Indrasen Sharma in FIR 237 OF 1983. The offence was registered in Police Station of ‘Hauz Quazi’, Delhi under the same sections 95&96 of the Cr.P.C r/w IPC sec 153A, 294 and after trial, the Magistrate acquitted the accused. No appeal thereupon was preferred against this decision of the judicial court and hence it became final. I rely upon a small pamphlet written in Hindi with its title as ‘ITIHASIC FAISELA ABOUT QUARAN’ and received by me from someone in Delhi, which contains some details. I have also mentioned this fact in my book and hence I cannot be charged for promoting any hatred and/or disharmony between the religious communities of Muslims and Hindus in India. I have briefly recorded this fact on page 104 of my book as can be seen therein which fact is also admitted by the Respondents. I enclose a copy of it in the Compilation. The same pamphlet was earlier produced by me before the Full Bench in this case heard by Bombay High Court. I remember that the Hon’ble Judges enquired from me if this matter was taken higher up in appeal and me replying in the negative. It is to be noted that this text has been included in the Schedule to the Notification as an objectionable piece written by the Author, while it may be noted that it is extracted out of a judicial judgement of a Delhi Court. This proves the non- application of mind by the Respondents while accusing me of some deliberate mischief to promote hatred and disharmony between the Hindu and Muslim communities (Itihasic FAISELA OR Historical decision in the Court of Metropolitan Magistrate Sh.Z.S.Lohat in the matter of State of Delhi V/S Indrasen Sharma FIR No.237/83 - under IPC sec 294, Police Station Hauz Qazi). This small pamphlet is included in my annexed Compilation). It is stated in para 2 of the notification that I have made several derogatory and false statements about Muslim community, Mohammed Paigambhar and Muslim priests. However, it is nowhere stated in what words have I spoken any falsehood or by which words of my book, the Govt. considered the same as derogatory and which priests of the Muslims have been falsely or derogatorily referred to by me and which are such words at all used by me in my book? It is not at all untrue or false that the Muslims are religiously ordained to kill “Kafirs” and to eliminate even at the cost of their own lives what is called “KUFR” (meaning what is in opposition or not in accordance with the accepted Islamic philosophy, which alone reflects any true religion, all other religions being totally false). If this much is not known to any reader or any one else, I emphatically assert that he has no knowledge about Islam and such a person needs only to be pitied for his utmost ignorance. I repeat and reiterate my views as recorded in para 3 of the Notification. This is the purpose of educating the ignorant readers holding no knowledge of Islam. In the next para reference is made to pages 12, 13, 15, 16, 17,21, 23 ,25, 28, 43, 45, 55, 104, 136, 150, 151, 152 and 159. These are just 18 in number. Hence, the rest of the pages of the whole book, perhaps do not provide any objectionable reading material. On page 23 of the book, reference is made to an expression belonging to an Arabic language word used in Quaran or in some connected ‘Hadits’. This expression is ‘Khatme Nawabac’. I have recorded this foreign language word in Capital letters within single inverted commas, implying doubt even in my own mind, as I do not know Arabic language and my book is written in English and translated into Hindi. Therefore, about the correctness of the spellings of this word imported from outside of English language as recorded by me & should not be interpreted with any reason calculated to hurt the feelings or sentiments of the Muslims. Why and how this should hurt the Muslim sentiments is nothing short of petty hair splitting as is commonly spoken of in English language. Surely, this cannot be attributed to any mischief or deliberate act on my part calculated to hurt Muslim sentiments. No explanation of any valid reason of hurting the sentiments is at all spoken of in the Notification. It is my view that even the most religious Muslims shall also be in doubt about the correct English spellings of this imported foreign language word picked up from Arabic language and spelt in English. The objection therefore appears to me only a matter of little anguish with some amusement. The contents of the next para describing some event published in “DOPOHAR KA SAAMANA’ is of no concern to me. I have hereinabove given explanation from my side till the conclusion of the text of the Notification. I will hereafter deal with the contents of the Schedule, denying any calculated mischievous act on my part as alleged for which purpose this book was written by me &is banned by the Govt. It is an historical analysis within my ability as an author to provide valuable and well researched academics for my readers who may like it or reject it as they may decide with similar rights of speech and expression, which I too have under our common Constitution. The book is also sold in the open world market where the opinion and rights of the world citizens alone shall govern the acceptance, pleasure or grief of the readers including the Muslim readers inside and/or outside of India. The impugned judgement dated 6.1.2010 now submitted before the Apex Court in Appeal; itself refers to several of the local & foreign books on the subject of Islam & Mohammed to which I definitely referred in pursuit of authenticity of the information. Hence, it must be admitted as an effort of providing both care and attention and resorting to adequate enquiries. This satisfies the definition of GOOD FAITH on my part as the author, under IPC section 52. To further this pursuit and to reconfirm the narrated facts of history, May I call upon my readers to point out at least one blemish on my part to have deliberately ignored to include additional information on the subject of Islam, Mohammed, Muslim Priests and the holy Quaran. I now call upon the readers to refer to one of the world’s best seller books with its title as ‘THE ISLAMIC INVASION’ by Robert Morey published by Harvest Publishers, Eugene, Oregon 97402, USA. It reconfirms practically the entire contents of my own banned book ‘ISLAM - A CONCEPT OF POLITICAL WORLD INVASION BY MUSLIMS’. Thousands of this book’s copies are being openly sold even in India without it being banned unlike the ban on my book so arbitrarily made by the State of Maharashtra. The book states that:- Mohammed was an elliptically suffering person and was born as a posthumous child. His first wife Khadija was 15 years older than him. When he was 52 years old, he married, so to say, 22 wives and held additional concubines too. He married 6/7 years old daughter namely Aiyesha of his best friend by the name of Abu Bakr when she was so young and was yet to menstruate. He consumated this particular marriage much later, when she attained her puberty. Thereafter he married the wife of his own adopted son Zaid, by the name of Zaineb because Mohammed who had once seem her bathing stood infatuated by her beautiful body. He made his son to divorce her so that he could then take his hitherto daughter in law as his newly wedded wife. This is nothing but statements of pure facts of history. No Muslim has challenged these facts. One will be astonished at the double standards of the Govt that banned my book. Even the High Court later confirmed this ban and now I must rush to the higher Supreme Court of India. Even the High court has referred to this book by name in their judgement but failed to compare it with what little I have said in my book by way of historical information. Is referring to historically recorded facts in books, any offence, and meriting ban by the State who considers such historical narration as derogatory, false and leading to communal disharmony? The Fundamental Constitutional rights need not only be accepted by the State, and the Courts of Law that exist to safeguard them as citizens cherished human rights in a free democratic and constitutionally managed country. All such constitutional rights need to be protected by the Courts of Law and not curtailed by ordering ban of books, meaning the ban on reading and acquiring knowledge but stifling the very thought process of humans. If this is a part of free Society, it is definitely sad. SCHEDULE It is sad to note that the notification with Schedule attached to it, appears to have been prepared without much scrutiny. It has just picked up a few lines from here and there and from the 18 pages of the book mentioned in the Notification. I find no mention of any abusive or vile word pointed out in the Schedule and therefore the very issue of the Notification must be found bad in law. Further reference is made to para 8 of the Schedule which matter stands recorded on para 4 of page 104 of the Book. This is an extract from a judicial judgement of a Delhi Magistrate’s court. I have annexed a copy of a short pamphlet published in Delhi under the title ‘Itihasic Faisela’ giving details of the FIR and the name of the Police Station and the name of Delhi Court’s Magistrate who openly expressed his views against the Ayats of the holy Quaran, which order was not appealed against and hence must be deemed to have become final, binding and citable elsewhere like in my present case. It is therefore a citable judicial verdict. There is nothing further left of any value in the Notification and the Schedule annexed thereto except to record my formal denial. The history of Islam is incomplete without referring to the promise of Allah made to the Shaheeds & the Ghazis who lay their lives in the holy battles fought in the cause of Allah called the JEHAD. Those who die in Jehad instantly migrate to heavens. Should they survive, they are called Ghazis and they can lawfully enjoy the loot of the vanquished enemie’s’ properties including their young children and the wives of the opponents. By the Islamic rules, the vanquished male’s wives are freed from the bonds of their earlier marriages and the Muslim victors could freely take them as their own wives & either get married to them or keep them as their all time slaves. Even Akbar the great, a secular Muslim King beheaded his one Hindu Rajput captive when he was just 15 years old at Jullender, in order to become a true Ghazi for slaughtering a Hindu infidel by the name of HEMU. Every Muslim marrying any woman must convert to Islam like how young Indian Hindu girls decide to get married to Muslim spouses, as one can see such marriages in abundance in our Film industry. The women are converted to Islam but never the other way around. Should they refuse to convert, they are to be treated as the slaves of their Muslim masters. The looted property of the vanquished is called ‘Male Ganimat’. Those Muslims who obtain their opponents properties of any kind including their women and children can fully own such plunder as their well earned religiously sanctioned profit. They are to hand over just 20% out of such plunder including of the captured males, females and children of the vanquished to the Muslim victors. This loot are called Male Ganimat. Should the Muslims die in course of a jehad, they proceed to the heavens that is the abode of Allah called Paradise.They are promised timeless enjoyment, with 72 HOORIES and 72 pearl like ‘Londas dressed in satin& brocades robes who serve to the Jehadi Shaheeds, divine drinks in an environment of honey & milk flowing divine rivers while they relax on the couches arranged in the rows facing each others. This is true and is contained in the Muslims religious books. One may read a Muslim’s book ‘Islam & Sex’ by one renowned author namely Anwar Sheikh who lived in England and was originally a Pakistani. He died about a year ago. He reveals the promise of Allah made to the Shaheeds of any age who on their death instantly migrate to heavens and are divinely blessed for all times to come and become youths of 30 years of age on earth, each one of the Shaheeds further given sexual strength equal to that of hundred such men on earth. They are promised to enjoy the magnificent Hoories for all times to come without counting anything relating to Time. It is a bliss for ever. Those who are not Muslims are sent to Hell where their abode and companionship is only FIRE, FIRE, & FIRE with molten lava flowing on their heads and their skins changing one after another to be roasted in the fire again and again. Yes, this is true and should be accepted as revealed in the texts of Islam’s religious books including the holy Quaran and the Hadits. The non-Muslims are to be shunned and the idolators called the infidels are to be slain unless they sub due themselves and pay special taxws to their Muslim masters. They are referred to as the ZIMMIES or the KAFIRS and what they religiously follow that is contrary to Islam is called KUFR. Every Muslim is born with one divine HUKAMNAMA of Allah to work to eliminate KUFR from the surface of the earth and to mercilessly slay the KAFIRS exhibiting harshness in Muslims so that the non-Muslims tremble in fear & awe before them. They dare not ever thereafter gather or oppose the only true religion of Islam, all other religions being totally false. Reverting to the judgement I continue as under:- A close reading of the Court’s judgement now impugned cannot fail to note the effort made by the full bench, firstly to illegally invite and permit a Muslim advocate Mr. Muchaala to represent the above referred five communal Muslim organizations as the Interveners & then also to allow him to initiate a sort of an altogether different & new debate on the subject of Quaran and Mohammed. The judgement begins, comparing the views about the Quaran and its Ayats by the Author and thereafter allowing Mr. Muchaala to project and record his own differing views as a Muslim Apologist. It was attempted to project some of the Ayats of Quaran from the points of view of the two additional names of Yusuf Ali and Mohammed Asad. No such name is at all mentioned by the Author in his book. This is very noteworthy. These names are totally from outside of the book in question. As stated before, the attention of the full bench was needed to restrict and confine its examination within the contents of the notification and the Schedule annexed and certainly not beyond the contents of the book. The Schedule and the Notification referred to only about 18 pages of the book and how the Hon’ble Judges examined the extraneous matter including the unverified statements of the Muslim intervener’s Advocate is beyond even ordinary commonsense. The judgement therefore must fail in the Supreme Court on this ground itself. The Notification concerning the matter in the book itself confined to the aforesaid 18 pages only. The bench failed to understand that the Notification itself referred to just 18 pages from the book of 166 pages and it was not permissible to initiate another altogether different religious debate for the first time in the Hon’ble court. It cannot be denied that the entire judgement if dispassionately read cannot fail to conclude that on account of the intervention by the five communal Muslim organizations who projected their views on Quaran and Mohammed were actually illegal & unwarranted interference and beyond the scope of judicial hearing as per Applicant’s application made under sec. 96 of the CrPC. Therefore, it is inevitable and irrestible conclusion that must be found and declared as an objectionable conduct of interference which has definitely caused serious bias and prejudice to the case of the Applicant author. It has actually resulted in causing serious bias in the minds of the judges. This is not only unwarranted, illegal and wrong but in fact it is a clear Contempt of Court as per sec 2(c) of the Contempt of Court Act 1971. This has got to be admitted that for this reason alone, the total proceedings in the hearing of this application that merited being limited between the Applicant on one side & the State of Maharashtra on the other, had to be confined within the text of the Notification and the Schedule only. It could not and should not have been allowed to expand its scope beyond this parameter. It has therefore to be regretfully concluded that the total judicial proceedings, on this account itself stand vitiated and therefore are totally null and void. This error of law warrants either some applicable and lawful corrections by the Supreme Court or ordering the Trial de-novo for the reason of such glaring illegality. This has happened on account of undesirable interference. A large No. of Ayats of Quaran have also been examined by the Court on their own, which did not at all emerge out of my book or were ever referred to by the Govt. in its challenged Notification and the annexed Schedule. This is a very sorry state of affairs by which the Hon’ble High Court set into motion a sort of right or wrong debate on the contents of the holy book wherein outside views and comments of the parties from outside of the litigation were also entertained. Some outside names like those of Mohd, Asad and Yusuf Ali were not only heard but were also seriously considered by the Court. This, I submit is neither permissible in law nor was ever desirable from the point of view of doing real & complete justice in accordance with law. The proceedings as per the impugned judgement reduce themselves to nullity as per my understanding of Law. At the cost of repetition, I respectfully seek leave of this Court to mention IPC sections 153A and 295A & also sec 468 of the Cr.PC further read with sections 91, 93, 95 & 96 of the Cr.PC. I also refer to large number of authorities referred to by the Hon’ble Bombay High Court. At this juncture, there is a need to refer to another point of limitation law under sec 468 of Cr.PC’. This too merits to be examined by the Supreme Court why this point was not given its due weightage by the Bombay High Court It is admitted even in the Notification that the book in question was published in the year 2003 but it was banned after over 4 years i.e. in the year 2007. It is my respectful and humble submission that this impugned judgement actually relied upon only some elements of the involved ratio decidendi of the various judgements brought on record of this case. It perhaps missed the true interpretation of the desired need of Indian Democracy, Indian Society and the Public policy. I gratefully and happily refer to a legal expression that was used in the past, in the famous case of Keshavnand Bharati by His Lordship Mr. Justice Mathews which word is ‘META LEGAL’ meaning ‘Beyond the existing law’ and importing better and superior interpretations to serve the needs of the changing times of the Society and continuing evolving oneself to serve the cause of real justice, better. The Bombay High Court in their 150 page long harrangue seems to have missed the real point in allowing a very fine law point slip out from their hands. The true meaning of the expression ‘FREEDOM OF SPEECH & EXPRESSION’ under Art, 19(1) of the Constitution, in fact itself underwent an amendment to include the provisions of Art 19 (2). On one hand, the Hon’ble High Court conceded the point of individual’s right to express one’s views fearlessly including through criticism of any other Religion, yet in the very next breath, they imposed a ban on the freely written book under examination by the Court. This view is wrong and indeed paradoxical, not in tune with the modern thought of continuing evolving, the true spirit of human rights. I also refer to Amendment No. 1 of the American Constitution from which country, I have received hundreds of messages of shock that the largest Democracy of the world which is India should still be thinking in terms of curbing initiatives and continuing to live in the discarded past. Even in a country of heterogeneous and complex society’s structure, the State like India must not be allowed to seek its convenience of maintaining imaginary Public Order, which in any case is always its function and duty of the State. The fundamental Constitutional rights of the sovereign people of Democracy cannot be sacrificed so that the State controls the legislation and can attack human rights also at heir whim and fancy To keep up proper Law & Order with in the controlled territories of the State, they must learn to discharge their own burden by way of its duty and their own existence but never at the cost of a citizens Fundamental right of freedom that begins with the freedom of Speech & expression and in reality precedes even ahead of Art.21. There is no real meaning of this expression ‘Subject To Reasonable Restriction’ which must be weighed against the guaranteed right of freedom meaning in the absolute terms the ‘utmost freedom to think, speak or write without any restrictions whatsoever except controlling petty temptations of using indecent, foul or abusive words. I repeat and reiterate that nowhere in my book, any such word is used by me and none has been even pointed out by the State or explained even by the Hon’ble Bombay High Court. The decision is both regretful and shocking, that pushes our country backward and not forward in the direction of progress and excellence as specifically desired in our Constitution under the chapter of Directive principles. Constitutional Validity Lastly, I place before the Hon’ble Supreme Court an important proposition to once again examine, sections 93, 95, 96 of the CrPC and futher sections 153A & 295A of the IPC read with Art. 13, 19 and 300A of the Constitution to determine if the sections quoted above are at all Constitutionally valid? They are regressive and deny freedom of speech and expression just as it used to be in the times of the British Imperialism who under similar legislative enactments used to stifle the voice of freedom by imprisoning leaders like Bal Ganga Dhar Tilak, Veer Swarkar and hundreds of such more great leaders in the freedom struggle of the country under sections like 124A and under other imperialistically enacted draconian laws. On the adoption of our own Constitution in the year 1950, when we truly became independent of the British yoke, we adopted Art. 13 by which, we not only unshackled ourselves from such draconian imperial legacies but we also prevented our own Governments from ever enacting any law which be inconsistent with part 3 i.e. our fundamental rights contained in the Constitution. Under this provision of the Constitution, the provisions of the above referred legislative enactments still remained and even with all kinds of unconstitutional amendments made under Art 368, now need to be reconsidered to declare them void. The present need is to permit freedom of speech and expression backed up by the seed of free thought process which alone shall take the country on the road of superior abilities of every one’s mind. A time has now come when the State and its instrumentalities must be made to do their duties with courage and without any failure and without needing any citizen of the country to sacrifice any of his assured Constitutional rights like what is contained in Art 19 of the Constitution. If we strenghthen the power of the State to enable them to do their duties and functions at the cost of the constitutional rights, we are really no different from the hitherto British Imperialism. The Supreme Court itself comes under challenge to stop following the beaten path but to evolve further freer ideas to liberate the citizens from excessive State controls. Yes, this indeed could mean the declaration of many unnecessary legally enacted laws as ultra vires of the Constitution. Unless the right of free thought and its expression through speech and writings is liberated from the state control of any nature, other than the possible threat of foreign aggression or intolerable internal rebellions, there ought to be no place for the State to control the voice of the people by arbitrary and authoritative legislations. In the light of above and accepting the American Amendment No.1 to their Constitution, as our own cherished goal also, we must set aside such draconian laws which as can be noticed, have also been amended after we adopted our own Constitution relegating our own freedom of thought, speech & expression, to enable the State agencies to carry out their normal duties in comfort and ease. Anywhere on the Globe, all Governments in control of their people are duty bound to maintain proper public order and law & order and our own State is by no means to consider itself less than 100% competent to face all kinds of challenges before it. Hence, all laws that restrict the freedom of speech, life and liberty must be forthwith freed from the existing shackles of hitherto slavery. It is time that the Courts of law themselves shed their fear and all kinds of apprehensions of rigid State control and deliver to the people their every fundamental right including of free speech and liberty of writing any kind of literature without any State control before or after the literature reaches in the hands of the people of our country. It is only then, we as a nation shall walk towards enviable progress as expected by way of our National duties as listed for us in the chapter of Directive principles of our Constitution. Any legislation that promotes any kind of fear including action of State’s control at the cost of its individuals must be declared draconian and be set aside. This Hon’ble Court could commence its actions by having another look on the legislated sections of the CrPC mentioned by me above as I consider them ultra vires of the present Constitution including the amendments done to them after we adopted our own Constitution, Art. 13. It specifically declares that such laws are void if they be found inconsistent with part 3 of our Constitution. We must go into the true spirit of public policy and define our own necessities to keep pace with the speed at which the civilized world is so fast changing. It will require very bold actions on the part of the Supreme Court even to unshackle its own present day’s and tomorrows legal judgements even by discarding the past practices. Our own attitudes must change even to reject innumerable past legal judgements and the practice of blindly following the hidden ratio decidendis contained in them. I submit that the Hon’ble Court should have a relook at the sections of law quoted above by improving interpretations in the largest interest of all the people who compose our own complex society. The points above are raised for the Supreme Court to determine the constitutional validity of mentioned legal provisions in the CrPC sections 95 and 96 and the IPC section 124 (A), 153 (A) and 295 (A). it is necessary to look at Article 13 of the Constitution to determine the lawful necessity for this purpose. The impugned judgement deserves to be struck down with exemplary costs. I set out the grounds as under: Grounds: 1. The banning of the book arbitrarily done hits my constitutional rights under Article 19 (1) (a). 2. Even otherwise the action of banning the book is both arbitrary and contrary to section 468 of the CrPc. Looking at section 153 (A) of IPC the punishment provided is imprisonment up to 3 years which is hit by section 468 (c) of the CrPc. Under this provision it is provided that “No Court shall take cognizance if the offence where limitation of time comes to play. In the case of my book, the notification of the Government challenged by me in the High Court itself admits that the book was published in the year 2003. The notification and the Police Raid of my office took place in March and April of the year 2007. Clearly this is beyond the period of limitation and hence the notification with the schedule must be struck off and quashed. 3. As per section 95 and 96 of CrPc it is imperative for the Government to first form an opinion based on clearly spelt out legal grounds that the forfeiture of any book or document can only take place if an alleged offence is committed under sections 124 (A), 153 (A), 153 (B), 292 or 295 (A) of the IPC. Hence the issue of notification with the schedule attached to it is illegal and therefore it must be quashed. 4. No search warrant by any Magistrate was ever produced and yet my property of 948 books were taken away by the Respondent No: 2. this calls for condemnation of such an arbitrary and illegal action and myself compensated for the loss I actually suffered besides being publicly humiliated and mental torture. 5. Section 96 of the CrPc provides legal Right to any person who must have interest in the book, within a time period of 2 months to apply to the High Court to set aside such declaration on the ground that the book did not contain any such matter as is referred to in sub section (1) of section 95. Hence this right is only available to any interested person to have the notification set aside and not to support the action of the Government. Therefore, the intervention made by the five communal Muslim organizations is illegal and could never be entertained. This is an error of Law made by the full bench and hence the Supreme Court must intervene to quash the 150 pages long order impugned in this case. 6. Even otherwise any intervention in the on going proceedings of the law beyond the litigating parties must be considered as intervention or at least having a tendency of obstruction of the process of justice and at the same time influencing and causing BIAS in the minds of the judges. This is clearly a contempt of court under section 2 (c) of the Contempt of Court act, 1971. the interveners in this private litigation had no right to interfere and influence the minds of the judges as has been openly done and regretfully allowed by the full bench of the High Court. A proper order of the Supreme Court is therefore necessary in the larger interest of real and complete justice. 7. It may be noted that the above mentioned intervention took place purely for communal reasons in the litigation that was to be contained within the affidavits of the Petitioner and the Respondents. The Respondents were represented by the Advocate General of the State for 2 days and hence no other Advocate should have been allowed to address the court which is both contrary to the judicial discipline and is also a contempt of the court as mentioned before. 8. It must be asserted that my Fundamental right of speech and expression has admittedly been attacked as per article 19 (a) of the Constitution even if section (2) of the same article is understood being some reasonable restriction dealing with PUBLIC ORDER. In this context it may be noted that there was brought in an amendment to the constitution in the year 1963. further it is not at all for fetched that as per article 13 of the constitution that all laws which are in consistence with Part III of the constitution are void and the state is directed not to make any law or take way or abridge the rights conferred by this part any contravention to such an extent of amendment shall be void. This is a very important feature of our constitution which touches the basic character of the Constitution and therefore is beyond the legislative powers of the Parliament. 9. Lastly, although I realize that to challenge the Constitutional validity of any sections like 153 (A), 295 (A) and others may really warrant a special constitutional petition yet I challenge the same on the grounds of the Government excursing state authority arbitrarily and without being backed up by any legislated guidelines without which it can be interpreted as being vested with unfettered powers which is an enigma to the principles of natural justice as spelt out by this Hon’ble court in its 1991 year judgment of 5 judges in the matter of DTC V/S DTC Mazdoor Union. This indeed is one of my many grounds because in this case even the opinion formed by the Government on mere appearance of the text of the book is not based on any clear grounds of law which is a condition precedent before any action against any book can be undertaken under section 95 of the act. 10. The Hon’ble full bench in fact converted the proceedings before it into a communal debate on the subject of Quran, Islam etc. The impugned order surprisingly refers to over 46 Ayats of Quran whereas the book under review has only spoken of only 16 Ayats. Further some new names of Mohd. Asad and Yusuf Ali are referred to while no such reference is at all made in the book and also no where in the Government notification and the schedule attached to it. This was beyond the scope of the litigation itself and proves how the full bench itself has gone astray and failed to deliver complete justice. Prayers: It is therefore prayed that the impugned order of the Bombay High Court be quashed with exemplary compensatory costs granted to me and direction be given to the Bombay High Court to initiate contempt of court action under Contempt Of Courts Act, 1971 by taking suo motu action against the 5 communal organizations who interfered with the going of legal proceedings belatedly and attempting to influence and to create BIAS in the minds of the judges. This will help the cause of justice which when being done must also appear to be done Place: New Delhi Date: __________ R. V. Bhasin (Advocate/petitioner in Person) ¬¬¬¬¬¬¬¬------------------ IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA) (CRL No: __________) of 2010 IN THE MATTER OF: R. V. BHASIN………………………………………………………………..... Petitioner V/S State Of Maharashtra………………………………………………...….... Respondents AFFIDAVIT I, R. V. Bhasin, Occ: Advocate, S/o. Late Dewan Chand Bhasin, 9/4, Bradys Flats, S. B. Road, Colaba, Mumbai – 400 005 today at New Delhi do hereby solemnly affirm and state as follows: 1. That I am the petitioner in the aforesaid matter and I am well acquainted with the facts and circumstances of the case. Hence I am swearing to this affidavit. 2. That the contents of the Para ____ to ____ at pages ____ to ____ of Special Leave Petition, list of dates at page ____ to ____, Interlocutory Applications are true to the best of my knowledge, information and Belief. 3. That the annexure are true copies of their originals. Verified on this ____ day of ____________, 2010 at New Delhi Place: New Delhi Date: ____________ DEPONENT
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