The Bombay high court on Wednesday upheld the state government’s ban on the book Islam — A concept of Political World Invasion by advocate RV Bhasin.
The author’s criticism of Islam “is an aggravated form of criticism made with malicious and deliberate intention to outrage religious feelings of Muslims”, the court observed.
Bhasin had challenged the ban imposed on his book in March 2007, contending that the book, an historical analysis, threw light on lesser known facets of Islam. He said the government had given no reason at the time of banning the book that it ‘might have been written’ without taking into account Muslim sentiments. At least 10,000 copies of the book were published in 2003. But the government imposed the ban four years later and confiscated copies of the book after raiding his office in Colaba, he said.
The full bench of justice Ranjana Desai, justice DY Chandrachud, and justice RS Mohite said India is “an amazing mix of people coming from different social and cultural background”.
“While we have the right to criticise each other, the criticism has to be healthy and not malicious. It must not lead to creating ill-will and hatred between communities.” Freedom of expression granted by the Constitution, the bench said, should not be used to trigger “senseless destruction of lives and property and breach of public order”.
Several passages of the book were found to be objectionable by the court, including passages about Jihad, the Quran, Mohammed Paigamber, Indian Muslims, and religious conversions. Bhasin had written about Paigamber’s 11 wives, “married and otherwise”.
“The lurid details allegedly of Mohammad Paigambar’s life, the authenticity of which may be challenged by some, could have been avoided by the author. We feel that the attempt is to show Mohammad Paigambar in poor light to hurt Muslim sentiments.”
If a book reeks of hatred for a community and stirs communal passions, the bench said, it has to be determined if its circulation would be in public interest. The court held that the author labelling all Muslim youth as misguided and terrorists was objectionable.
“The author has insulted a large section of Indian Muslims who are part of the mainstream of the nation’s life and who are contributing to India’s development in all fields.”
Bhasin told DNA that his freedom of expression could not be taken away by banning the book. “I will study the order and challenge it in the Supreme Court,” he said.
