Maharashtra Govt. seeking legal opinion on book ban

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Maharashtra Govt. seeking legal opinion on book ban

Saturday, July 10, 2010 10:31:03 PM, PTI

Maharashtra Govt wants ban on Shivaji book to continue: Maharashtra Government said it favoured continuation of the ban on US author James Laine's controversial biography of Shivaji Maharaj and was seeking legal opinion after ... Read Full

Mumbai: Maharashtra Government on Friday said it favoured continuation of the ban on US author James Laine's controversial biography of Shivaji Maharaj 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," Home Minister R R Patil said.

"We are awaiting a detailed copy of the Supreme Court ruling on lifting the ban," Patil said. The book, 'Shivaji, Hindu King in Muslim India, allegedly having derogatory comments on the Maratha king, has been at the centre of a controversy.

The Maharashtra unit of Vishwa Hindu Parishad (VHP) also described as "shocking" the SC order lifting ban on the controversial book.

Reacting to the court order, the VHP in a statement issued here said it had "enraged and caused pains" to the people of Maharashtra.

On Friday the apex court upheld the decision of the Bombay High Court to lift the ban on the book by 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 January 5, 2004.

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