S. J. Hyder, J. - (1.) THIS is an application u/Sec. 96 of the CrPC 1973 filed by Aziizul Haq Kausar Naqvi and Inamul Haq Qadri. The applicants call in question the validity of the notification dated June 28, 1977 issued by the State Government forfeiting the book entitled "Munaqib-e-Ahle Bait" (In praise of the Members of the Household of the Holy Prophet). The said notification has been issued in the purported exercise of powers of the State Government under Sec. 95 of the said Code. The impugned notification, excluding the schedule appended thereto, is duced below for the sake of convenience :- "Whereas it appears to the Stat); Government that the Urdu . Book entitled "Manaqib e-Ahle-Bait" written by Maulana Azizul Haq Kausar Naqvii Nizam i, published by 1. Maulvi Inamull Haq Kadiri Siraji, 2. Dr. Haji Ali Raza Qadiri Siraji, 3. Mohammad Yasiit Khan, 4. Haji Barkatullah Nakshbancfc Kadin Siraji and 5. Abdul Rashid Kadiri Siraji, printed at Ilmi Electric Machine Press, Telia Nala, Varanasi contains matter detailed in the Schedule to this notification which harshly cr.ti- cises the role of Amir Moavia who in held in high esteem by the Sunni Muslims and the language used is likely ta hurt the feelings of the Sunni Muslims and lead to greater misunderstanding; between Shia Muslims and Sunni Muslims and which is thus prejudicial tot the maintenance of harmony between] Shia and Sunni Muslims and which is; likely to disturb the public tranquility and the publication whereof is punishable u/S. 153-A of the IPC, 1860. Now, therefore, in exercise of the: powers under Sec. 95 of the Code of Criminal Procedure, 1973 (Act No. 2, of 1974), and on the grounds noted above, the Governor is pleased to declare every copy of the said book and of any other documents containing copies,, reprints and translation of, or extract; from he said book to be forfeited tci Government."
(2.) A bare reading of the notification shows that the order of forfeiture: was passed by the State Government om the ostensible ground that the book; severely criticised the role of Amir Mauwiya who, in the opinion of the State Government, is held in high esteem by the Sunni Muslims. The language employed in the: book in its opinion, was likely to hurt the feelings of that sect and was calculated to lead to greater misunderstandings between the Shia Muslims and the Sunni Muslims and was thus prejudicial to the maintenance of harmony and goodwill between the members of the two sects, and in consequence was likely to disturb public peace and tranquility. The State Government was further of the opinion that the publication of the said work was an offence punishable under Sec. 153-A of the IPC. Azizul Haq Kausar Naqvi, the first applicant, is the author of the book and Inamul Haq Kadri is one of its publishers. Both of them have claimed that they themselves belong to the Sunni sect and that the book referred to above does not contain any material which is likely to promote feelings of ill-will between the Sunnis and the Shias. According to them, the publication aforesaid is not liekly to disturb public tranquility and it does not amount to an offence punishable under Sec. 153-A of the IPC. They have also raised some legal contentions against the validity of the aforesaid notice which shall be considered later in this judgment.
(3.) AS already stated, the notification under Sec. 95 CrPC is dated June 28, 1977 and was published in the Government Gazette on 2jrd July, 1977. The application under Sec. 96 CrPC has been moved in May, 1974$. Since sub- sec. (1) of Sec. 96 of the CrPC lays down that an application for setting aside an order shall be moved by the person aggrieved by such notification within two months from the date of its publication in the official Gazette, the applicants have also filed an application under Sec. 5 of the Limitation Act praying for the condonation of the delay. The application is supported by an affidavit of Inamul Haq Qadri. It appears that although the notification under Sec. 95 CrPC was published in the Govt. Gazette as far back as July 23, 1977 no actual seizure of the book was made. In the affidavit of Inamul Haq Qadri, it has been stated that the applicants, for the first time, came to know of the order of forfeiture passed by the State Government on 21st of May, 1978* when one Haji Moham- reprimand Yusuf told them that a news item had been published in a Urdu Daily named "Siyasat" of 7th of May, 1978 about a notification having been issused in respect of the said book under Sec. 95 of the CrPC by the State Government. He further stated that neither he nor Azizul Haq Kausar Naqvi are acquainted with Hindi or English languages and they do not subscribe to a copy of the Government Gazette. Immediately on coming to know of the said order, the applicants came to Allahabad and have filed the application under Sec. 96 CrPC without any further delay.;