The present appeal, by special leave, relates to the forfeiture or a book captioned 'Ramayan : A True Reading' in English and its translation in Hindi, by the late political figure and leader of the Rationalist Movement, Periyar EVR, of Tamil Nadu, by an order of the State <Government of Uttar Pradesh, purporting to be passed under s. 99A - of the Code of Criminal Procedure. In the view of the appcllantgovernment this book was sacrilegiously, outrageously objectionable, being 'deliberately and maliciously intended to outrage the religious feelings of a class of ctizens of India, viz., Hindus by insulting their religion and religious beliefs and the publication whereof is punishable under s. 295A IPC'. This notification contained an appendix setting out in tabular form the particulars of the relevant pages and lines in the English and Hindi versions which, presumably, were the materials which were regarded as scandalizing. Thereupon an application was made by the respondent who was the publisher, under s. 99C of the Code, to the High Court which, by its special Bench, allowed the application and quashed the notification. The aggrieved State has appea.Jed to this Court, by special leave, and counsel for the appellant has urged before us that the Government notification does· not suffer from the vice which, according to the High Court, invalidated it and that the impugned book makes a foul assault on the sacred sentiments of the vast Hindu population of the State since the author anthematised in unvarnished language the great incarnations like Sree Rama and disdainfully defiled the divinely epic figures like Sita and Janaka all of whom are worshipped or venerated by the Hindu commonalty. Sidestepping this issue the High Court, by majority judgment, struck down the order on the short ground that 'the State Government did not state the grounds of its opinion as required in s. 99A of the Code. For that reason alone the petition has to be allowed and the order of forfeiture set aside in Court'.
