- (1.) Heard learned counsel for the petitioner, Sri S.B. Pandey, learned Additional Solicitor General representing respondent No.1 and Sri Saharsh, learned Brief Holder representing the State-respondents. In view of the order proposed to be passed, we do not deem it necessary to issue notice to respondent No.3.
(2.) The grievance of the petitioner relates to certain publications which according to the learned counsel for the petitioner is promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc. and doing acts prejudicial to the maintenance of harmony and also doing deliberate and malicious acts intended to outrage the religious feelings of any class by insulating its religion or the religious beliefs which are punishable under Sections 153A and 295A of the I.P.C. Learned counsel for the petitioner further referred to the power of the State Government vested under Section 95 of the Code of Criminal Procedure for forfeiting such publications whether in the form of newspaper, book or document. Section 95 of the Cr.P.C. is reproduced below:- "95. Power to declare certain publications forfeited and to issue search warrants for the same. Where- (a) any newspaper, or book, or (b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub- inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be."
(3.) In this regard, the petitioner has moved a detailed representation dated 8.11.2017 to the Principal Secretary, Department of Home, Government of U.P., Lucknow filed as Annexure-61 to the petition in which detailed facts and quotations, which are offending the aforesaid sections, have been referred to.;