IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)

(CRL No: __________) of 2010

R. V. BHASIN
Occ: Advocate,
S/o. Late Dewan Chand Bhasin,
9/4, Bradys Flats, S. B. Road,
Colaba, Mumbai – 400 005 …………………………………………………... Petitioner

V/S

1. State Of Maharashtra

2. Senior Inspector Of Police

Marine Drive Police Station,
Mumbai – 400 020 ……………………………………………….... Respondents

And in the matter of:

I. Bombay High Court order dated 06-01-2010 of the

full Bench

Regarding

II. Notification dated 09-03-2007 issued by Respondent

No: 1
III. Ban on Book – “ISLAM – A CONCEPT OF
POLITICAL WORLD INVASION BY MUSLIMS”
authored by the Petitioner above (Section 95 and 96
of the CrPc)
THE PETITIONER RESPECTFULLY SHEWETH –

I, R.V Bhasin, aged about 73 years residing as above, do hereby solemnly

affirm and state as under:-

1. Being aggrieved of the Bombay High court order dated 06.01.2010 passed by

the full bench of the Hon’ble Court, comprising of three judges namely

Hon’ble Mrs. Ranjna Desai, Dr. Shri D. Y. Chandrachud and Shri. R. S.

Mohite, in the matter of one statutory application made by the above

Petitioner under sections 95/96 r/w sections 91 of Cr P.C & I P C Sections 153-

A , 295–A, now files this SLP in the Hon’ble Supreme Court of India. The

Petitioner prays for being granted the special leave of this Hon’ble court to

be converted into an appeal from the aforesaid order for the consideration

by this Hon’ble Court, on the facts and points of the law as elaborated

below:-

A copy of the 150 pages long order impugned is herewith annexed

a) The Petitioner, interalia is the author of several Books of public interest

besides being a practicing Advocate registered with the Bar

Association of the Supreme Court of India and is also a member of the

Bar Council of Maharashtra and Goa. He has authored several Books

on different subjects. One such book under the title ‘ISLAM – A

CONCEPT OF POLITICAL WORLD INVASION BY MUSLIMS’

was published in the year 2003. This Book was translated in Hindi

language by one well known Hindi Scholar by the name Dr. Anil

Misra of Allahabad. Almost 10,000 copies of the above Book were

printed and sold off all over the world. This Book was written with

care and attention in decent and dignified language, bringing out

 India’s history relating particularly to the religion of Islam and its

spread in India and how the Muslims spread out all over the world

worked to prostelyze the non Muslims to convert to Islam. It is a well

conceded fact that the followers of Islam called the Muslims do not

consider any non-believers like the infidel Hindus equal to the

Muslims. Hindus certainly were the original natives of this country

called Hindustan and later India perhaps after the attack of Alexendar,

the great around 323 BC. It is recorded in the history that the native

Hindus were forced to alter their faiths from Hinduism & to embrace

Islam on the threat of their lives after the invading Muslims militarily

defeated the local Hindu kings. The first successful such attack by

Muslims, took place in the year 712 AD, when one Mohammed–bin-

Kasim attacked the Indian soil near Karachi and on his victory, he

ordered the slaughter of all Hindus and the Buddhists above the age of

17 years. He converted thousands of Hindus to Islam on the strength

of his sword and molested Hindu women and further destroyed

Hindu temples and Buddhist Monasteries. He also dispatched many

captured Hindu females to Arabia to serve in the harems of Muslims

there. This included the two daughters of one defeated Hindu king by

the name of Dahir, who’s Queen and son self immolated themselves to

escape their capture while alive.

b) The above history is referred in my above titled book which in fact

earned great appreciation from its worldwide readership that included

the ex-Prime Minister of Britain Mr. Tony Blair, the President of USA,

Mr. George W. Bush and our own, then Prime Minister Mr. Atal Bihari

Vajpayee and the then Deputy Prime Minister Shri. L.K. Advani. This

Book has been received by numerous world libraries besides

 welcomed by the usual world readership. Its vast readership, world

over can be found out even from the Internet now available to millions

of people on their computers. Thousands of further copies have also

been off loaded from several other Web Sites including my own ‘www

rv bhasin dot com’ by the present day popular public spirited

Computers who have exhibited this book on their own Web Sites also.

Whereas, the owners of such Computer Sites have on their own

initiatives reproduced this book with several other books also

authored by the Petitioner, the demand of this book has been

consistently rising from day to day.

c) The contents of this book provide valuable and certainly authentic

information about the history, growth and theology of Islam,

particularly in India. The book also speaks about its prophet

Mohammed and his life The Book while dealing with this subject

further enumerates many details about the Muslim history. The book

also pvovides information about Prophet Mohammed and further

details of the contents of the Holy Book of Muslims known as the

“QURAN”. The author took pains and made extensive research about

this subject having relationship especially with the history of India.

The author has further recorded a few of his own subjective views in

context to India’s medieval history period. All facts recorded in this

Book are historically true and have been taken by the author from the

texts of hundreds of other Books written by well known world experts

on the subject and the facts are provided with truth as the belief of the

author himself in utmost deceny and dignified language. The author

kept in his mind his objective of providing true historical facts to the

world readership by way of good information. There is not a single

scurrilous or abusive word used by the author in his above book.

 There are also no insultive words used by the author towards Prophet

Mohammed, the holy book of Muslims by the name of Quaran or

towards the religion of Islam with any malicious or such like hatred

towards them. What the book contains is the author’s own analysis of

truth and its effects upon our land and its native people. This book was

notified to be banned by the Govt. of Maharashtra in the year 2007 ie

after almost four/five years of its first publication in the year 2003. The

Govt. Notification as referred above ordering the banning of this book

speaks about the opinion of the Govt. In an enclosed compilation of the

material documents in this case, the Author/Petitioner has also

annexed the said copy of the Notification and further, a copy of his

own judicial application made to the High Court under sec. 96 of the

Cr.P.C. The Author filed his statutory application along with his first

affidavit together with the added affidavit in reply filed by the Govt.

and yet another further affidavit in reply, as Author’s further affidavit

in Rejoinder. The affidavits are sworn by the Author/Petitioner. The

Book as stated before has been in the world market now for almost 6/7

years but not a single complaint or any incident of disturbance of

peace has been caused by the availability of this Book in the world

market. The book contains the truthful views of the

Author/Applicant/Petitioner relating to the subject summarized

carefully. Pertinent information is recorded in the above book as the

knowledge of the Petitioner & for passing on such valuable

information for one and all in the world; the Author has not

differentiated its sale between any classes of any society anywhere in

the world.

d) The Author/Petitioner relies upon his fundamental Constitutional right

of Speech and Expression and desires to share ideas in his mind with
 one and all in the world without any discrimination. He strongly

believes both in his own formulated ideas gathered in course of 73

years of his experience and knowledge and his belief in his

Fundamental Right as guaranteed to him under Art. 19 of the

Constitution of India, the country in which he was born and lives in it

as one of its free citizens. As per belief of the author, the State of which

the Courts of Law are its organs, are in reality meant to protect the

citizens Constitutional or legal rights and not to ever pass wrong

judgements by which such legal and Constitutional rights stand

curtailed. Such legal rights in any democratic country belong to the

sovereign people. There are countries still uncivilized who desire to

control its people and their freedom under its wrongfully imagined

authority and through misinterpretation of country’s written or

otherwise Constitutions

e) The above book was banned firstly by the Respondent No.1 and

thereafter after 2.5 years legal trial, the High Court of Bombay has

confirmed the ban by its 150 page long judicial order, now impugned

and is challenged in this SLP. The said impugned order copy is also

annexed in the aforesaid compilation of the material documents. A

moot and pertinent question arises, if the written books revealing their

Authors analysis of history or literature etc as internally conceived by

them, in their own creative minds, run the risk of being banned by the

State? Are the readers and the writers to stop thinking or creating any

literary material at all? Is this desirable or if the same is in tune with

our basic Constitutional desirability? Will such restrictions not curb the

needed excellence and the creativity of the Nation itself? Are we to

consider that the very thought process of the Society whether wrong or
 right is to be curbed to the liking and acceptance of the Bureaucracy of

the State? Very soon our country shall change into a BABU RAJ?

f) The Petitioner submits that without any advance notice or any

personal hearing given to him, the Respondents above, organized a

Police raid on the office of the Author at 76, Bajaj Bhavan, Nariman

Point, Mumbai, on 7th April 2007, and carried away 948 Books with its

title as above (his precious property) on the pretext that the State had

banned the aforesaid book and prevented its further circulation and

sale.

g) At that time, the Petitioner was not present in his office and was

engaged in the Bombay High Court. There was just one female

employee of the Petitioner present in the above office at the time of the

police raid. The Petitioner returned to his office in the evening of that

day and discovered the details of the loot of Books by the Police who

came into the above office without being equipped with any

Government order (official notification) and also without any legal

search warrant issued by any Magistrate. The Petitioner was delivered

a copy of the official Govt. notification only after 2/3 days of the above

recorded incident. The Petitioner is unaware till today, if the Police

party ever got or applied for any magisterial search warrant or that

they solely relied upon the words of some persons, formulated their

plan of action, purely on the basis of the Notification. Clearly, they also

acted beyond the period of limitation and without the strength of any

magisterial search warrant. Surely, No magistrate would ever issue

any warrant of search without first summoning the concerned party

because he could order such concerned party to send the books to him
 under secs. 91 & 93 of the Cr.PC or to ensure that such items could be

alternatively seized or kept under some alternative satisfactory judicial

control? Hence, it is submitted that the Author/owner was subjected to

public humiliation. These points have been mentioned by the

Petitioner in his affidavits, possibly in his affidavit filed in the

Rejoinder?

h) It is interesting to comment upon the impugned Judgement of Bombay

High Court. All the way, the pronounced judgement recognizes the

right of the authors/writers or thinkers to be freely permitted even to

criticize the religion of others. Yet, the book has been banned. Clearly,

this conduct is not supported with any reasonableness under Art. 21 &

19 of our Constitution. Surely, no passages of the book are either cited

in the Notification with the Schedule annexed thereto nor anywhere in

the impugned Judgement. I am a proud Indian National, an Indian

first and an Indian last. This is however not true of 100% Muslims

living in the State of India. This may appear pungent &ironical but this

is my own subjective experience of life, living in India for 73 or more

years. The Hon’ble judges of the Full bench have extensively relied

upon my criticism made in the book, seriously doubting if my criticism

truly serves any National interest! They have missed to note even the

realistic meaning of one common political word in Urdu or Arabic

language”UMMAHA’ or Pan Islamization to which every Muslim

anywhere in the world must be religiously bound. India has the 2 nd

largest Muslim population in the world, next only to the population of

Indonesia .In spite of this, India is not accepted as a member of another

important Islamic political International Organization by the name of

“Islamic Conference” till to date. The reason being India after

partition is to be treated as a “DARUL HERB” & not as “DARUL

ISLAM’ like Pakistan. Unfortunately, lack of proper knowledge of

history even on the part of High Court judges has actually put them

totally out of world political focus and hence the ban on my book, that

provided valuable and authentic information about the Islamic faith

and its followers called the Muslims, meaning those who are obedient

only to Allah and none else. My book provides in brief, without any

sentiments on my part, information about the religion of Islam, its holy

book the “Quaran’ in absolute truthfulness for every world reader

including the Muslims, should they desire to know, different views on

the subject? The judgement moves on the basis of the Hon’ble Courts

special reference found in my book which according to the Judges, is

really made towards the Muslims in India, who are said to have been

deliberately equated by me with other Muslims elsewhere i.e. outside

of India with malicious intentions on my part.. The Hon’ble judges

seem to disagree with me, suspecting myself hiding intended mischief

and undesirable communal provocation in our so called secular

country. My book which has now been banned could be said, written

with malicious intentions and hence banned, so that all readers are

kept in dark for all times to come as far as the contents of this book are

concerned. The ban is declared to be justified for the fear or

apprehension which could be likely to upset the Indian Muslim

population. Further, it could possiblly bring about disturbance of

peace & communal disharmonies in our otherwise peaceful society of

secular credentials. They rely upon their observations under Art. 19

(2) of the Constitution r/w sections 95, 96 of the Cr.P.C and sections 153

A and 295 A of the IPC. I submit that it is downright incorrect

appreciation of law and fact both. In order to support my open doubts

 in this context, I reproduce as under some News item which appeared

in our print media of the year 1954 which I myself read it while a

student in B.M. college at Shimla now in Himachal Pradesh.

Thereafter, I, once again read the same News item, recorded and

published in another book under the title of RATIONALE OF A

HINDU STATE authored by Prof. Balraj Madhok. I vividly recalled

the same from my own past memory:

i) “An interview of Malauna Bokhari published in ‘Weekend Review’ of

June 7, 1980 is very revealing in the above context. In reply to a

question about the Indian identity of an ‘Indian Muslims’, the Maulana

said.’the entire Muslim race has to have only one goal. He, who has

this faith, is a Muslim, wherever he may be. There is no difference

between an Indian Muslim and any other Mulim anywhere in the

world. When asked whether this answer implied that a Muslim is a

Muslim first and then a Hindustani ?, he replied “ Yes, Religion comes

first for every Muslim, the world over, and his country comes later

(The same views were held by Dr. Sayyed Ahemad Khan , the founder

of Aligadh University) when he replied in similar words to a question

by his Professor in Harvard University and the same words are once

again repeated recently in an election meeting held at Bhiwandi This

time the words were spoken in course of one recent election meeting

by an S.P. Leader namely Mr. Abu Azami. The questioner then asked if

it was not unfair that the Muslims demand special rights in India when

they are Muslims first and Indians later. Why should Hindus not have

higher rights in their own country after Muslims have got on the basis

of their famous Two Nation Theory, the land of Pakistan for Muslims

alone? This was the land carved out of one united India. He replied
 Hindus have no religion; they may claim to have their own culture

unlike Islam.

j) Maulana Bokhari, in fact was echoing, what Maulan Ata Ullah Shah

Bokhari, a leading Maulana of Pakistan had told Justice Munir, the

Chairman of Ahmediya Riots Commission which was appointed by

the Govt. of Pakistan in the year 1954. In reply to one query, Maulana

confirmed that according to Islam, no Muslim could be loyal to any

non-Islamic country. Then Justice Munir asked him specifically

whether a Muslim living in India could be loyal to the Indian State?

The reply of the Maulana was an emphatic - NO.

2. The above news item was predominantly published in India, with the clear

statement made before the Munir Commission. The Hindustan Times of

Delhi carried this News item with further elaborate journalistic additions.

This was never contradicted by any other world News paper or by any

official of the Government of Pakistan. It stands registered and absorbed in

my mind for all times to come. I desire my readers to know the unpolluted

truth. Patriotism is seldom artificial and cannot ever be banned.

a) While I am preparing my SLP for lodging it in the Supreme Court of

India, I proceed to record the contemptuous interference

mischievously done by five registered communal Muslim

organizations in the going on litigation between myself on one side

and the State of Maharashtra on the other. The names of the aforesaid

five communal organizations of the Islamists are mentioned as the

Interveners by the Hon’ble judges on the front page of their 150 pages

long Judgement. Hence, I am not mentioning the same or protesting

 against it. The 150 pages judgement prominently records the views

expressed by their one Sr. Advocate Mr.M.uchhala of Bombay High

Court who represented all the five Muslim organizations. They

intervened fully knowing that such interference could as well be

considered as an act of Contempt under Sec 2(c) of the Contempt of

Courts Act 1971 which reads as below:

b) “Criminal Contempt means the publication (whether by words,

spoken or written, or any signs, or by visible representation, or

otherwise) of any matter or the doing of any other act whatsoever

which-

Scandalizes or tends to scandalize, or lowers or tends to lower the

authority of any court; or

Prejudices or interferes with the due course of any judicial proceeding; or

Interferes, or obstructs or tends to obstruct, the administration of justice

in any other manner.

The above words define what The Contempt of Court is?

Admittedly, five similar applications in the names of five different

communal organizations of the Indian Islamists actually entered into my

going on litigation which was being heard under Cr.P.C’ Secs. 95 & 96.

This was done rather belatedly before the full bench of three judges of

Bombay High Court. The proceedings were already underway and this

intervention by some third parties must cause serious prejudice to my

submissions. It was nothing but a direct interference or obstruction in the

administration of justice by the aforesaid communal organizations who

were never any original parties in my private litigation which under no

circumstances can be considered as any PIL. Clearly, the intervention in

the case of my book as per sections 95 & 96 of the Cr.P.C was a matter

between myself on one side as an Applicant, and the State of Maharashtra

on the other side as the Respondent and no third party could or should be

involved since the interests of the Society including that of the Muslim

community, if any or if at all, were being protected by no less a person

than the Advocate General of the State whose role due to the ban on my

book was basically based to assuage the feelings of the Muslim

community and through the expressed opinion of the Govt as set out in

the State Notification were being covered yet, the Govt. of Maharashtra

arbitrarily banned my book. It termed it objectionable for the reason of

their own view that the social harmony between Hindus and Muslims

could be disturbed and might even cause some public order problems

and or communal disharmony. Hence, the No. 1 advocate of the state not

only represented the case of the State but the same must essentially

include the case of the entire Muslim community as well including the

feelings of the 5 different interveners. Why & how, were they allowed to

be heard and that too when the Advocate General of the State had already

CONCLUDED his two days long submissions before the Law Court open

to Public.? No other Advocate after the Advocate General could or should

have been permitted to address the Court. This point of law also warrants

clarification. It cannot be denied that such grant of permission to hear a

private Advocate after the concluded hearing of the Advocate General

must create some kind of additional impression on the minds of the

Hon’le judges and the sane must be termed as interference in the going on

legal proceedings being contested between the litigants. In this context, I

refer to a Supreme Cort Authority reported in (1980) 3 SCC 311,

explaining that such an interference could be termed as a calculated

conduct punishable as Criminal Contempt? Should it be so, then the next

valid question that must instantly arise if the entire proceedings carried

out for about 2.5 years are legally valid or the same stand vitiated under

the law. While, I am advised to adopt further contempt proceedings

against the aforesaid 5 communal Islamist organizations in the Bombay

High Court itself, I am also praying to the Hon’ble Supreme Court to

kindly enlighten me from the angle of true interpretation of the Law of

Contempt. There may really be more than five interveners but I consider

improper to mention it because THE VERY FOUNTAIN OF JUSTICE IS

SHAKEN UP DUE TO SUCH MOTIVATED INTERFERENCE which was

sorrilly permitted by the Hon’ble High Court itself, and that too in spite

of objections raised on this account by me and by one Mr. Khandelwal

who too intervened for his own different reasons.

The aforesaid Mr. Khandelwal being another intervener is the President

of one NGO by the name of “RIGHT TO READ” foundation. He, in fact

prayed for this point to be immediately considered as a legal point of

jurisdiction, but I refrain from making any further comments as he may

himself choose his own independent future course of action. The effect of

such interference could certainly cause prejudice to my case and also

effect or cause at least some suspicion of bias in the minds of the Hon’ble

judges. There is no rule of law which could allow any 3rd party outside of

the contesting litigants, to interfere in the rights of the litigant parties.

No third parties could ever be permitted to intervene unless it was a PIL

and a public Notice was first issued inviting the interested parties to come

and intervene. The interest of the litigating parties alone had to be

considered and nothing more than that. I submit that this is a Criminal

Contempt under the Contempt law. This is what even the authority cited

above speaks about and lays down the ratio decidendi for all the Courts
in India. Regretfully, this view point and the legal force in it, found no

favour with the full bench of the High Court and hence a legal necessity

to rush to the Hon’ble Apex Court, praying for real and complete justice.

In order to be brief, I shall now refer to the Govt. Notification dated.

9.3.2007 that was only acted upon one month later i.e. on 7.4.2007. This

action was carried out by the Respondent No.2 without being first

possessed of any Magistrate’s Search warrant for taking away the books

and that too without first serving any kind of official notice or order upon

me. To remove one’s property for any reason whatsoever, it is imperative

that the person concerned be first given at least a notional hearing as

stated by me elaborately in my affidavits more particularly while making

the first application, further followed by another affidavit filed in the

rejoinder. These are contained in the enclosed Compilation.

Notification

I respectfully submit that the nofication dated 9th march 2007 suffers from

some legal vires in that it has failed to first prove, and to arrive at the

opinion of the Govt which is not based on any indicated grounds proving

that the contents of the Book, in fact, attract the provisions of IPC sections

153A or 295A. As per sec. 95 of the Cr.P.C, it appears mandatory, that any

action under this sec. is available only when the grounds of the opinion

are unmistakably brought out and the same are unambiguously stated in

any Notification issued under this section of law. To challenge the

notification, I refer to one para 8 in the Schedule to the notification which

reads as below:-
“However on going through several of its Ayats (implying the Ayats

contained in the holy Quaran), its ordainments given to its followers are

not only dangerous but in fact promote hatred in the Society. It is bound

to create bitterness between the Muslims and the non-Muslims living in

India “Ref. is made to IPC sec. 153 A sub sections (a) & (b).”

The above para written on page 104 -para 4 in my Book in question is

taken from one Delhi Magistrates judgement referred below who tried a

case agaist an accused in the matter of-State of Delhi v/s Indrasen Sharma

in FIR 237 OF 1983. The offence was registered in Police Station of ‘Hauz

Quazi’, Delhi under the same sections 95&96 of the Cr.P.C r/w IPC sec

153A, 294 and after trial, the Magistrate acquitted the accused. No appeal

thereupon was preferred against this decision of the judicial court and

hence it became final. I rely upon a small pamphlet written in Hindi with

its title as ‘ITIHASIC FAISELA ABOUT QUARAN’ and received by me

from someone in Delhi, which contains some details. I have also

mentioned this fact in my book and hence I cannot be charged for

promoting any hatred and/or disharmony between the religious

communities of Muslims and Hindus in India. I have briefly recorded

this fact on page 104 of my book as can be seen therein which fact is also

admitted by the Respondents. I enclose a copy of it in the Compilation.

The same pamphlet was earlier produced by me before the Full Bench in

this case heard by Bombay High Court. I remember that the Hon’ble

Judges enquired from me if this matter was taken higher up in appeal and

me replying in the negative. It is to be noted that this text has been

included in the Schedule to the Notification as an objectionable piece

written by the Author, while it may be noted that it is extracted out of a

judicial judgement of a Delhi Court. This proves the non- application of

mind by the Respondents while accusing me of some deliberate mischief

to promote hatred and disharmony between the Hindu and Muslim

communities (Itihasic FAISELA OR Historical decision in the Court of

Metropolitan Magistrate Sh.Z.S.Lohat in the matter of State of Delhi V/S

Indrasen Sharma FIR No.237/83 - under IPC sec 294, Police Station Hauz

Qazi). This small pamphlet is included in my annexed Compilation).

It is stated in para 2 of the notification that I have made several

derogatory and false statements about Muslim community, Mohammed

Paigambhar and Muslim priests. However, it is nowhere stated in what

words have I spoken any falsehood or by which words of my book, the

Govt. considered the same as derogatory and which priests of the

Muslims have been falsely or derogatorily referred to by me and which

are such words at all used by me in my book? It is not at all untrue or

false that the Muslims are religiously ordained to kill “Kafirs” and to

eliminate even at the cost of their own lives what is called “KUFR”

(meaning what is in opposition or not in accordance with the accepted

Islamic philosophy, which alone reflects any true religion, all other

religions being totally false). If this much is not known to any reader or

any one else, I emphatically assert that he has no knowledge about Islam

and such a person needs only to be pitied for his utmost ignorance. I

repeat and reiterate my views as recorded in para 3 of the Notification.

This is the purpose of educating the ignorant readers holding no

knowledge of Islam. In the next para reference is made to pages 12, 13, 15,

16, 17,21, 23 ,25, 28, 43, 45, 55, 104, 136, 150, 151, 152 and 159. These are

just 18 in number. Hence, the rest of the pages of the whole book, perhaps

do not provide any objectionable reading material. On page 23 of the

book, reference is made to an expression belonging to an Arabic language

word used in Quaran or in some connected ‘Hadits’. This expression is

‘Khatme Nawabac’. I have recorded this foreign language word in Capital

letters within single inverted commas, implying doubt even in my own

mind, as I do not know Arabic language and my book is written in

English and translated into Hindi. Therefore, about the correctness of the

spellings of this word imported from outside of English language as

recorded by me & should not be interpreted with any reason calculated to

hurt the feelings or sentiments of the Muslims. Why and how this should

hurt the Muslim sentiments is nothing short of petty hair splitting as is

commonly spoken of in English language. Surely, this cannot be

attributed to any mischief or deliberate act on my part calculated to hurt

Muslim sentiments. No explanation of any valid reason of hurting the

sentiments is at all spoken of in the Notification. It is my view that even

the most religious Muslims shall also be in doubt about the correct

English spellings of this imported foreign language word picked up from

Arabic language and spelt in English. The objection therefore appears to

me only a matter of little anguish with some amusement.

The contents of the next para describing some event published in

“DOPOHAR KA SAAMANA’ is of no concern to me.

I have hereinabove given explanation from my side till the conclusion of

the text of the Notification. I will hereafter deal with the contents of the

Schedule, denying any calculated mischievous act on my part as alleged

for which purpose this book was written by me &is banned by the Govt.

It is an historical analysis within my ability as an author to provide

valuable and well researched academics for my readers who may like it

or reject it as they may decide with similar rights of speech and

expression, which I too have under our common Constitution. The book
is also sold in the open world market where the opinion and rights of the

world citizens alone shall govern the acceptance, pleasure or grief of the

readers including the Muslim readers inside and/or outside of India.

The impugned judgement dated 6.1.2010 now submitted before the Apex

Court in Appeal; itself refers to several of the local & foreign books on the

subject of Islam & Mohammed to which I definitely referred in pursuit of

authenticity of the information. Hence, it must be admitted as an effort of

providing both care and attention and resorting to adequate enquiries.

This satisfies the definition of GOOD FAITH on my part as the author,

under IPC section 52. To further this pursuit and to reconfirm the

narrated facts of history, May I call upon my readers to point out at least

one blemish on my part to have deliberately ignored to include additional

information on the subject of Islam, Mohammed, Muslim Priests and the

holy Quaran. I now call upon the readers to refer to one of the world’s

best seller books with its title as ‘THE ISLAMIC INVASION’ by Robert

Morey published by Harvest Publishers, Eugene, Oregon 97402, USA. It

reconfirms practically the entire contents of my own banned book

‘ISLAM - A CONCEPT OF POLITICAL WORLD INVASION BY

MUSLIMS’. Thousands of this book’s copies are being openly sold even in

India without it being banned unlike the ban on my book so arbitrarily

made by the State of Maharashtra. The book states that:-

Mohammed was an elliptically suffering person and was born as a

posthumous child. His first wife Khadija was 15 years older than him.

When he was 52 years old, he married, so to say, 22 wives and held

additional concubines too. He married 6/7 years old daughter

namely Aiyesha of his best friend by the name of Abu Bakr when she was

so young and was yet to menstruate. He consumated this particular

marriage much later, when she attained her puberty. Thereafter he

married the wife of his own adopted son Zaid, by the name of Zaineb

because Mohammed who had once seem her bathing stood infatuated by

her beautiful body. He made his son to divorce her so that he could then

take his hitherto daughter in law as his newly wedded wife. This is

nothing but statements of pure facts of history. No Muslim has

challenged these facts.

One will be astonished at the double standards of the Govt that banned

my book. Even the High Court later confirmed this ban and now I must

rush to the higher Supreme Court of India. Even the High court has

referred to this book by name in their judgement but failed to compare it

with what little I have said in my book by way of historical information.

Is referring to historically recorded facts in books, any offence, and

meriting ban by the State who considers such historical narration as

derogatory, false and leading to communal disharmony? The

Fundamental Constitutional rights need not only be accepted by the

State, and the Courts of Law that exist to safeguard them as citizens

cherished human rights in a free democratic and constitutionally

managed country. All such constitutional rights need to be protected by

the Courts of Law and not curtailed by ordering ban of books, meaning

the ban on reading and acquiring knowledge but stifling the very thought

process of humans. If this is a part of free Society, it is definitely sad.

SCHEDULE

It is sad to note that the notification with Schedule attached to it, appears

to have been prepared without much scrutiny. It has just picked up a few

lines from here and there and from the 18 pages of the book mentioned in
the Notification. I find no mention of any abusive or vile word pointed

out in the Schedule and therefore the very issue of the Notification must

be found bad in law. Further reference is made to para 8 of the Schedule

which matter stands recorded on para 4 of page 104 of the Book. This is

an extract from a judicial judgement of a Delhi Magistrate’s court. I have

annexed a copy of a short pamphlet published in Delhi under the title

‘Itihasic Faisela’ giving details of the FIR and the name of the Police

Station and the name of Delhi Court’s Magistrate who openly expressed

his views against the Ayats of the holy Quaran, which order was not

appealed against and hence must be deemed to have become final,

binding and citable elsewhere like in my present case. It is therefore a

citable judicial verdict. There is nothing further left of any value in the

Notification and the Schedule annexed thereto except to record my formal

denial.

The history of Islam is incomplete without referring to the promise of

Allah made to the Shaheeds & the Ghazis who lay their lives in the holy

battles fought in the cause of Allah called the JEHAD. Those who die in

Jehad instantly migrate to heavens. Should they survive, they are called

Ghazis and they can lawfully enjoy the loot of the vanquished enemie’s’

properties including their young children and the wives of the opponents.

By the Islamic rules, the vanquished male’s wives are freed from the

bonds of their earlier marriages and the Muslim victors could freely take

them as their own wives & either get married to them or keep them as

their all time slaves. Even Akbar the great, a secular Muslim King

beheaded his one Hindu Rajput captive when he was just 15 years old at

Jullender, in order to become a true Ghazi for slaughtering a Hindu

infidel by the name of HEMU. Every Muslim marrying any woman must

convert to Islam like how young Indian Hindu girls decide to get married
to Muslim spouses, as one can see such marriages in abundance in our

Film industry. The women are converted to Islam but never the other way

around. Should they refuse to convert, they are to be treated as the slaves

of their Muslim masters. The looted property of the vanquished is called

‘Male Ganimat’. Those Muslims who obtain their opponents properties of

any kind including their women and children can fully own such plunder

as their well earned religiously sanctioned profit. They are to hand over

just 20% out of such plunder including of the captured males, females and

children of the vanquished to the Muslim victors. This loot are called

Male Ganimat. Should the Muslims die in course of a jihad, they proceed

to the heavens that is the abode of Allah called Paradise. They are

promised timeless enjoyment, with 72 HOORIES and 72 pearl like

‘Londas dressed in satin& brocades robes who serve to the Jehadi

Shaheeds, divine drinks in an environment of honey & milk flowing

divine rivers while they relax on the couches arranged in the rows facing

each others. This is true and is contained in the Muslims religious books.

One may read a Muslim’s book ‘Islam & Sex’ by one renowned author

namely Anwar Sheikh who lived in England and was originally a

Pakistani. He died about a year ago. He reveals the promise of Allah

made to the Shaheeds of any age who on their death instantly migrate to

heavens and are divinely blessed for all times to come and become youths

of 30 years of age on earth, each one of the Shaheeds further given sexual

strength equal to that of hundred such men on earth. They are promised

to enjoy the magnificent Hoories for all times to come without counting

anything relating to Time. It is a bliss for ever.

Those who are not Muslims are sent to Hell where their abode and

companionship is only FIRE, FIRE, & FIRE with molten lava flowing on
their heads and their skins changing one after another to be roasted in the

fire again and again.

Yes, this is true and should be accepted as revealed in the texts of Islam’s

religious books including the holy Quaran and the Hadits. The non-

Muslims are to be shunned and the idolators called the infidels are to be

slain unless they sub due themselves and pay special taxws to their

Muslim masters. They are referred to as the ZIMMIES or the KAFIRS and

what they religiously follow that is contrary to Islam is called KUFR.

Every Muslim is born with one divine HUKAMNAMA of Allah to work

to eliminate KUFR from the surface of the earth and to mercilessly slay

the KAFIRS exhibiting harshness in Muslims so that the non-Muslims

tremble in fear & awe before them. They dare not ever thereafter gather

or oppose the only true religion of Islam, all other religions being totally

false.

Reverting to the judgement I continue as under:-

A close reading of the Court’s judgement now impugned cannot fail to

note the effort made by the full bench, firstly to illegally invite and permit

a Muslim advocate Mr. Muchaala to represent the above referred five

communal Muslim organizations as the Interveners & then also to allow

him to initiate a sort of an altogether different & new debate on the

subject of Quaran and Mohammed. The judgement begins, comparing

the views about the Quaran and its Ayats by the Author and thereafter

allowing Mr. Muchaala to project and record his own differing views as a

Muslim Apologist. It was attempted to project some of the Ayats of

Quaran from the points of view of the two additional names of Yusuf Ali

and Mohammed Asad. No such name is at all mentioned by the Author

in his book. This is very noteworthy. These names are totally from outside
of the book in question. As stated before, the attention of the full bench

was needed to restrict and confine its examination within the contents of

the notification and the Schedule annexed and certainly not beyond the

contents of the book. The Schedule and the Notification referred to only

about 18 pages of the book and how the Hon’ble Judges examined the

extraneous matter including the unverified statements of the Muslim

intervener’s Advocate is beyond even ordinary commonsense. The

judgement therefore must fail in the Supreme Court on this ground itself.

The Notification concerning the matter in the book itself confined to the

aforesaid 18 pages only. The bench failed to understand that the

Notification itself referred to just 18 pages from the book of 166 pages and

it was not permissible to initiate another altogether different religious

debate for the first time in the Hon’ble court. It cannot be denied that the

entire judgement if dispassionately read cannot fail to conclude that on

account of the intervention by the five communal Muslim organizations

who projected their views on Quaran and Mohammed were actually

illegal & unwarranted interference and beyond the scope of judicial

hearing as per Applicant’s application made under sec. 96 of the CrPC.

Therefore, it is inevitable and irrestible conclusion that must be found and

declared as an objectionable conduct of interference which has definitely

caused serious bias and prejudice to the case of the Applicant author. It

has actually resulted in causing serious bias in the minds of the judges.

This is not only unwarranted, illegal and wrong but in fact it is a clear

Contempt of Court as per sec 2(c) of the Contempt of Court Act 1971. This

has got to be admitted that for this reason alone, the total proceedings in

the hearing of this application that merited being limited between the

Applicant on one side & the State of Maharashtra on the other, had to be

confined within the text of the Notification and the Schedule only. It
could not and should not have been allowed to expand its scope beyond

this parameter. It has therefore to be regretfully concluded that the total

judicial proceedings, on this account itself stand vitiated and therefore are

totally null and void. This error of law warrants either some applicable

and lawful corrections by the Supreme Court or ordering the Trial de-

novo for the reason of such glaring illegality. This has happened on

account of undesirable interference. A large No. of Ayats of Quaran have

also been examined by the Court on their own, which did not at all

emerge out of my book or were ever referred to by the Govt. in its

challenged Notification and the annexed Schedule. This is a very sorry

state of affairs by which the Hon’ble High Court set into motion a sort of

right or wrong debate on the contents of the holy book wherein outside

views and comments of the parties from outside of the litigation were

also entertained. Some outside names like those of Mohd, Asad and

Yusuf Ali were not only heard but were also seriously considered by the

Court. This, I submit is neither permissible in law nor was ever desirable

from the point of view of doing real & complete justice in accordance

with law. The proceedings as per the impugned judgement reduce

themselves to nullity as per my understanding of Law.

At the cost of repetition, I respectfully seek leave of this Court to mention

IPC sections 153A and 295A & also sec 468 of the Cr.PC further read with

sections 91, 93, 95 & 96 of the Cr.PC. I also refer to large number of

authorities referred to by the Hon’ble Bombay High Court. At this

juncture, there is a need to refer to another point of limitation law under

sec 468 of Cr.PC’. This too merits to be examined by the Supreme Court

why this point was not given its due weightage by the Bombay High

Court It is admitted even in the Notification that the book in question was
published in the year 2003 but it was banned after over 4 years i.e. in the

year 2007. It is my respectful and humble submission that this impugned

judgement actually relied upon only some elements of the involved ratio

decidendi of the various judgements brought on record of this case. It

perhaps missed the true interpretation of the desired need of Indian

Democracy, Indian Society and the Public policy. I gratefully and happily

refer to a legal expression that was used in the past, in the famous case of

Keshavnand Bharati by His Lordship Mr. Justice Mathews which word is

‘META LEGAL’ meaning ‘Beyond the existing law’ and importing better

and superior interpretations to serve the needs of the changing times of

the Society and continuing evolving oneself to serve the cause of real

justice, better.

The Bombay High Court in their 150 page long harrangue seems to have

missed the real point in allowing a very fine law point slip out from their

hands. The true meaning of the expression ‘FREEDOM OF SPEECH &

EXPRESSION’ under Art, 19(1) of the Constitution, in fact itself

underwent an amendment to include the provisions of Art 19 (2). On one

hand, the Hon’ble High Court conceded the point of individual’s right to

express one’s views fearlessly including through criticism of any other

Religion, yet in the very next breath, they imposed a ban on the freely

written book under examination by the Court. This view is wrong and

indeed paradoxical, not in tune with the modern thought of continuing

evolving, the true spirit of human rights. I also refer to Amendment No. 1

of the American Constitution from which country, I have received

hundreds of messages of shock that the largest Democracy of the world

which is India should still be thinking in terms of curbing initiatives and

continuing to live in the discarded past. Even in a country of

heterogeneous and complex society’s structure, the State like India must

not be allowed to seek its convenience of maintaining imaginary Public

Order, which in any case is always its function and duty of the State. The

fundamental Constitutional rights of the sovereign people of Democracy

cannot be sacrificed so that the State controls the legislation and can

attack human rights also at heir whim and fancy To keep up proper Law

& Order with in the controlled territories of the State, they must learn to

discharge their own burden by way of its duty and their own existence

but never at the cost of a citizens Fundamental right of freedom that

begins with the freedom of Speech & expression and in reality precedes

even ahead of Art.21. There is no real meaning of this expression ‘Subject

To Reasonable Restriction’ which must be weighed against the

guaranteed right of freedom meaning in the absolute terms the ‘utmost

freedom to think, speak or write without any restrictions whatsoever

except controlling petty temptations of using indecent, foul or abusive

words. I repeat and reiterate that nowhere in my book, any such word is

used by me and none has been even pointed out by the State or explained

even by the Hon’ble Bombay High Court. The decision is both regretful

and shocking, that pushes our country backward and not forward in the

direction of progress and excellence as specifically desired in our

Constitution under the chapter of Directive principles.

Constitutional Validity

Lastly, I place before the Hon’ble Supreme Court an important

proposition to once again examine, sections 93, 95, 96 of the CrPC and

futher sections 153A & 295A of the IPC read with Art. 13, 19 and 300A of

the Constitution to determine if the sections quoted above are at all

Constitutionally valid? They are regressive and deny freedom of speech

and expression just as it used to be in the times of the British Imperialism

who under similar legislative enactments used to stifle the voice of

freedom by imprisoning leaders like Bal Ganga Dhar Tilak, Veer

Swarkar and hundreds of such more great leaders in the freedom struggle

of the country under sections like 124A and under other imperialistically

enacted draconian laws.

On the adoption of our own Constitution in the year 1950, when we truly

became independent of the British yoke, we adopted Art. 13 by which, we

not only unshackled ourselves from such draconian imperial legacies but

we also prevented our own Governments from ever enacting any law

which be inconsistent with part 3 i.e. our fundamental rights contained in

the Constitution. Under this provision of the Constitution, the provisions

of the above referred legislative enactments still remained and even with

all kinds of unconstitutional amendments made under Art 368, now need

to be reconsidered to declare them void. The present need is to permit

freedom of speech and expression backed up by the seed of free thought

process which alone shall take the country on the road of superior

abilities of every one’s mind. A time has now come when the State and its

instrumentalities must be made to do their duties with courage and

without any failure and without needing any citizen of the country to

sacrifice any of his assured Constitutional rights like what is contained in

Art 19 of the Constitution. If we strengthen the power of the State to

enable them to do their duties and functions at the cost of the

constitutional rights, we are really no different from the hitherto British

Imperialism. The Supreme Court itself comes under challenge to stop

following the beaten path but to evolve further freer ideas to liberate the

citizens from excessive State controls. Yes, this indeed could mean the

declaration of many unnecessary legally enacted laws as ultra vires of the

Constitution. Unless the right of free thought and its expression through

speech and writings is liberated from the state control of any nature, other

than the possible threat of foreign aggression or intolerable internal

rebellions, there ought to be no place for the State to control the voice of

the people by arbitrary and authoritative legislations.

In the light of above and accepting the American Amendment No.1 to

their Constitution, as our own cherished goal also, we must set aside such

draconian laws which as can be noticed, have also been amended after we

adopted our own Constitution relegating our own freedom of thought,

speech & expression, to enable the State agencies to carry out their normal

duties in comfort and ease. Anywhere on the Globe, all Governments in

control of their people are duty bound to maintain proper public order

and law & order and our own State is by no means to consider itself less

than 100% competent to face all kinds of challenges before it. Hence, all

laws that restrict the freedom of speech, life and liberty must be forthwith

freed from the existing shackles of hitherto slavery. It is time that the

Courts of law themselves shed their fear and all kinds of apprehensions

of rigid State control and deliver to the people their every fundamental

right including of free speech and liberty of writing any kind of literature

without any State control before or after the literature reaches in the

hands of the people of our country. It is only then, we as a nation shall

walk towards enviable progress as expected by way of our National

duties as listed for us in the chapter of Directive principles of our

Constitution. Any legislation that promotes any kind of fear including

action of State’s control at the cost of its individuals must be declared

draconian and be set aside. This Hon’ble Court could commence its

actions by having another look on the legislated sections of the CrPC

mentioned by me above as I consider them ultra vires of the present

Constitution including the amendments done to them after we adopted

our own Constitution, Art. 13. It specifically declares that such laws are

void if they be found inconsistent with part 3 of our Constitution. We

must go into the true spirit of public policy and define our own

necessities to keep pace with the speed at which the civilized world is so

fast changing. It will require very bold actions on the part of the Supreme

Court even to unshackle its own present day’s and tomorrows legal

judgements even by discarding the past practices. Our own attitudes

must change even to reject innumerable past legal judgements and the

practice of blindly following the hidden ratio decidendis contained in

them. I submit that the Hon’ble Court should have a relook at the sections

of law quoted above by improving interpretations in the largest interest

of all the people who compose our own complex society.

The points above are raised for the Supreme Court to determine the

constitutional validity of mentioned legal provisions in the CrPC

sections 95 and 96 and the IPC section 124 (A), 153 (A) and 295 (A).

it is necessary to look at Article 13 of the Constitution to determine

the lawful necessity for this purpose. The impugned judgement

deserves to be struck down with exemplary costs. I set out the grounds

as under:

Grounds:

1. The banning of the book arbitrarily done hits my constitutional

rights under Article 19 (1) (a).

2. Even otherwise the action of banning the book is both arbitrary

and contrary to section 468 of the CrPc. Looking at section 153 (A)

of IPC the punishment provided is imprisonment up to 3 years

which is hit by section 468 (c) of the CrPc. Under this provision it

is provided that “No Court shall take cognizance if the offence

where limitation of time comes to play. In the case of my book,

the notification of the Government challenged by me in the High

Court itself admits that the book was published in the year 2003.

The notification and the Police Raid of my office took place in

March and April of the year 2007. Clearly this is beyond the

period of limitation and hence the notification with the schedule

must be struck off and quashed.

3. As per section 95 and 96 of CrPc it is imperative for the

Government to first form an opinion based on clearly spelt out

legal grounds that the forfeiture of any book or document can

only take place if an alleged offence is committed under sections

124 (A), 153 (A), 153 (B), 292 or 295 (A) of the IPC. Hence the issue

of notification with the schedule attached to it is illegal and

therefore it must be quashed.

4. No search warrant by any Magistrate was ever produced and yet

my property of 948 books were taken away by the Respondent

No: 2. this calls for condemnation of such an arbitrary and illegal

action and myself compensated for the loss I actually suffered

besides being publicly humiliated and mental torture.

5. Section 96 of the CrPc provides legal Right to any person who

must have interest in the book, within a time period of 2 months

to apply to the High Court to set aside such declaration on the

ground that the book did not contain any such matter as is

referred to in sub section (1) of section 95. Hence this right is only

available to any interested person to have the notification set

aside and not to support the action of the Government. Therefore,

the intervention made by the five communal Muslim

organizations is illegal and could never be entertained. This is an

error of Law made by the full bench and hence the Supreme Court

must intervene to quash the 150 pages long order impugned in

this case.

6. Even otherwise any intervention in the on going proceedings of

the law beyond the litigating parties must be considered as

intervention or at least having a tendency of obstruction of the

process of justice and at the same time influencing and causing

BIAS in the minds of the judges. This is clearly a contempt of

court under section 2 (c) of the Contempt of Court act, 1971. the

interveners in this private litigation had no right to interfere and

influence the minds of the judges as has been openly done and

regretfully allowed by the full bench of the High Court. A proper

order of the Supreme Court is therefore necessary in the larger

interest of real and complete justice.

7. It may be noted that the above mentioned intervention took place

purely for communal reasons in the litigation that was to be

contained within the affidavits of the Petitioner and the

 Respondents. The Respondents were represented by the Advocate

General of the State for 2 days and hence no other Advocate

should have been allowed to address the court which is both

contrary to the judicial discipline and is also a contempt of the

court as mentioned before.

8. It must be asserted that my Fundamental right of speech and

expression has admittedly been attacked as per article 19 (a) of

the Constitution even if section (2) of the same article is

understood being some reasonable restriction dealing with

PUBLIC ORDER. In this context it may be noted that there was

brought in an amendment to the constitution in the year 1963.

further it is not at all for fetched that as per article 13 of the

constitution that all laws which are in consistence with Part III of

the constitution are void and the state is directed not to make any

law or take way or abridge the rights conferred by this part any

contravention to such an extent of amendment shall be void. This

is a very important feature of our constitution which touches the

basic character of the Constitution and therefore is beyond the

legislative powers of the Parliament.

9. Lastly, although I realize that to challenge the Constitutional

validity of any sections like 153 (A), 295 (A) and others may really

warrant a special constitutional petition yet I challenge the same

on the grounds of the Government excursing state authority

arbitrarily and without being backed up by any legislated

guidelines without which it can be interpreted as being vested

with unfettered powers which is an enigma to the principles of

 natural justice as spelt out by this Hon’ble court in its 1991 year

judgment of 5 judges in the matter of DTC V/S DTC Mazdoor

Union. This indeed is one of my many grounds because in this

case even the opinion formed by the Government on mere

appearance of the text of the book is not based on any clear

grounds of law which is a condition precedent before any action

against any book can be undertaken under section 95 of the act.

10.The Hon’ble full bench in fact converted the proceedings before it

into a communal debate on the subject of Quran, Islam etc. The

impugned order surprisingly refers to over 46 Ayats of Quran

whereas the book under review has only spoken of only 16 Ayats.

Further some new names of Mohd. Asad and Yusuf Ali are

referred to while no such reference is at all made in the book and

also no where in the Government notification and the schedule

attached to it. This was beyond the scope of the litigation itself

and proves how the full bench itself has gone astray and failed to

deliver complete justice.

Prayers:

It is therefore prayed that the impugned order of the Bombay High

Court be quashed with exemplary compensatory costs granted to me

and direction be given to the Bombay High Court to initiate

contempt of court action under Contempt Of Courts Act, 1971 by

taking suo motu action against the 5 communal organizations who

interfered with the going of legal proceedings belatedly and

attempting to influence and to create BIAS in the minds of the

judges. This will help the cause of justice which when being done

must also appear to be done

Place: New Delhi

Date: __________

R. V. Bhasin

(Advocate/petitioner in Person)

------------------
 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)

(CRL No: __________) of 2010

IN THE MATTER OF:

R. V. BHASIN………………………………………………………………..... Petitioner

V/S

State Of Maharashtra………………………………………………...….... Respondents

AFFIDAVIT

I, R. V. Bhasin, Occ: Advocate, S/o. Late Dewan Chand Bhasin, 9/4, Bradys Flats, S. B. Road,
Colaba, Mumbai – 400 005 today at New Delhi do hereby solemnly affirm and state as follows:

1. That I am the petitioner in the aforesaid matter and I am well acquainted with the facts and
circumstances of the case. Hence I am swearing to this affidavit.
2. That the contents of the Para ____ to ____ at pages ____ to ____ of Special Leave Petition,
list of dates at page ____ to ____, Interlocutory Applications are true to the best of my
knowledge, information and Belief.
3. That the annexure are true copies of their originals.

Verified on this ____ day of ____________, 2010 at New Delhi

Place: New Delhi

Date: ____________

DEPONENT