Bar&Bench News Network
The Bombay High Court on Wednesday upheld the Maharashtra state government's ban on a book by a Supreme Court advocate, R.V. Bhasin, titled, 'Islam - A concept of Political World Invasion'. The book expounds Bhasin's theory of Islamic political imperialism through terrorism and intolerance.
Bhasin had challenged the ban before the High Court. A Full Bench consisting of Justice Ranjana Desai, Justice Dr. D.Y. Chandrachud and Justice R.S. Mohite probed into the constitutional validity of the order. The judges observed that while every person has the right to criticise, criticism must be healthy and not malicious. The Bench felt that the book was not a bona fide exercise in religious criticism, and was intended to promote communal disharmony.
Bhasin, appearing in person before the Court, contended that the book brought forward lesser known aspects of Islam before the public eye. Advocate General Ravi Kadam, acting as public prosecutor, however, rebutted his argument saying the book had been banned on grounds that it contained offensive material.
The state had issued a notification in 2007 banning the book under Section 95 of the Criminal Procedure Code (CrPC). The section gives State Governments the power to declare certain publications forfeited, and to issue search warrants for the same. A similar situation had arisen in August 2009 when the Gujarat State Government had issued a notification banning former BJP MP Jaswant Singh's book 'Jinnah: India Partition Independence' under the CrPC. However, the Gujarat High Court had put aside the ban which had been challenged through a public interest litigation.
While physical copies of Bhasin's book may be inaccessible due to the ban, the book continues to flourish online. It is freely available on the author's website, as well as on several internet forums. Bhasin is also the author of several other publications, such as 'The Essence of Hinduism', 'Islamic Atom Bomb on Sale in World Black Market' and 'Indo-Pak Relations- 3rd World War Inevitable'.
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- 1. "Islamic Atom Bomb in World Black Market?!!! bwahahaha! And this guy is a LAWYER?!! No wonder people are worried about the declining standards of the Bar!". Deedeetee, Bora Bora
- 2. "To the critics - Business Standard India, ammat-i - islami etc. You seem to have not read the book, or else your endeavour is to appease the Muslims through your articles. The book is available on line where i have read it...The "AYAATS" have been interpretted 100 percent accurately by advocate Bhasin. In fact it is learned that Mulcha's interpretation that the H.C. relied upon is twisted. Yes I agree Bhasin is no Salman Rushdie, as you accurately state - in terms of fame that is..But in terms of academic and scholarly acumen, Bhasin is way Better than Rushdie !". Ravi Jha, Mumbai
- 3. "First of all Bhasin is a Senior Counsel and a great intellectual. How can anybody be barred from expressing his views in writing. PLEASE READ THE BOOK before you people comment. I have read it and there is nothing blasphemous at all!! As a reader you are free to choose what you want to read - i for one DO NOT want any Govt. or Court telling me what to read and what not to...As far as the ban is concerned it will not help, in fact it will only prompt more curiosity and he will sell 1 million more books then. If pornography is not banned then why ban a mere book??? Perhaps it was banned at the instance of Muslim leaders who pressured the Ministers in Maharashtra.". Anonymous, Bombay, India
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The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (4)










