Asthana, J. - (1.) I had the benefit of reading the opinions prepared by my brothers, Shukla and Misra. The scholarly elaboration and elucidation by my learned brothers of many an abstruse and difficult theological and my theological customs asking for consideration is indeed highly educative and illuminating. I agree with their final conclusion that the application be datelined.
(2.) THE thesis of the learned author of the two books forfeited by the State Government appears to be that the uncivilized and wild hoards of Aryan invaders who entered India through the Himalayan passes in the north-west, in order to establish their hegemony and superiority over the caviled and noble inhabitants of the Indo-Genetic plain deliberately invented the theory of Inclination for idolizing those leaders of their race who had succeeded in suppressing by resort to violent and tyrannical means the gentle indigenous population. After establishing their hegemony the so called Aryan intellectuals for thousands of years by preaching their religious philosophy and by propagating their froes and legend continued the process of brain-washing of the indigenous races and tribes in order to create opportunities to exploit them. According to this learned author, the so called backward classes described as Sudras amongst the Hindus are no other than the exploited victims whole forefathers were at one time the roasters of the land. Then to perpetuate the exploitation the Aryans evolved a system of caste dividing the Hindus into higher and privileged classes on one band and lower and unprivileged classes on the other. One may agree or disagree with such a thesis but it cannot be denied from a pure intellectual point of view that the development of social order amongst the Hindus in some Phases spread over millennium may lend itself to such a historical interpretation. That in our Hindu Society there are superior and inferior classes formed on the basis of more accident of birth is a fact and a reality. Whether it is a good or a bad system of organization of the Hindu society is not the question which is relevant for the purpose of this case. The crucial question to be determined is that in justifying his thesis whether the learned author has written words and given expression to his thoughts and reasons in a manner that offends the penal provisions of sections 153-A, and 195 I. P. C.
(3.) THE State Government is of the opinion that the offending passages in the two prescribed books are such which injure and hurt the religious feelings of the class of Hindus known as 'Vaishnava Sampradaya' and tend to create a feeling of hatred, ill-will and animosity between them and the Hindus of the scheduled castes. My brother Shukla has fully elucidated and described what' Vaishnava Sampradaya' is and so has brother Misra in his opinion. I do not claim to be as learned as my brothers on this abstruse topic and content myself by deriving enlightenment from their wisdom. I have no doubt that 'Vaishnavas' amongst Hindus are a well defined and distinct class who believe in Vishnu as the Supreme Divine-being in the Trinity of the Hindu Pantheon and Ram and Krishna as His incarnation amongst many other incarnations. Rama and Krishna are regarded by 'Vaishnavas' in the highest esteem and reverence. In fact, all Hindus including the Sudras believe in Ram and Krishna as being the Supreme incarnations. Whether Rama and Krishna were persons who actually lived in flesh and blood at any time as mortals or are mythical or imaginary persons is not germane to the issue before us it is the belief that matters. Indeed, the whole atmosphere is permeated by that belief. No Hindu can ever escape this faith and belief, it being the very essence of his soul.;