- (1.) The only question that was argued in this appeal is substantially one of construction of S.99-D of the Code of Criminal Procedure.
(2.) The appellant was the author of two books in Hindi called Sikh Mat Khandan Part 1 and Bhoomika Nazam Sikh Mat Khandan which he has published in April 1953. On July 30, 1953, the Government of Uttar Pradesh, the respondent in this appeal, made an order under S. 99-A of that Code forfeiting these books which were thereupon seized and taken away. That order, so far as material, was in the following terms: "In exercise of its powers conferred by section 99-A of the Code of Criminal Procedure ......... the Government is pleased to declare the books ......forfeited to Government on the ground that the said book contain matter, the publication of which is punishable under sections 153-A and 295-A of the Indian Penal Code." It is the validity of this order that is challenged in the present appeal.
(3.) Section 99-A under which the order was made, so far as relevant, is in these terms: "Where any newspaper, or book ......or any document.....appears to the State Government to contain any seditious matter or any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of the citizens of India or which is deliberately and maliciously intended to outrage the religious feelings of any such class by insulting the religion or the religious belief of that class, that is to say, any matter the publication of which is punishable under section 124-A or section 153-A or section 295-A of the Indian Penal Code, the State Government may, by notification in the Official Gazette stating the grounds of its opinion, declare .....every copy of such book....to be forfeited to Government........";