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Ashok Chavan defies Supreme Court, bans sale of James Laine's book on Shivaji

My sentiments cannot be different from those of my people, says chief minister Ashok Chavan.

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Ashok Chavan defies Supreme Court, bans sale of James Laine's book on Shivaji
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In anticipation of a political storm over the lifting of the ban on James Laine’s controversial book on Shivaji, chief minister (CM) Ashok Chavan on Sunday chose to defy the Supreme Court (SC) by announcing a ban on the sale of the book in the state. The SC last week upheld the Bombay high court’s decision to lift the ban on the book Shivaji: Hindu King in Muslim India.

The decision comes in the wake of political and public protests across the state and a day before the beginning of a potentially rough assembly session. “I would like to make it very clear that my sentiments cannot be different from those of my people in Maharashtra… As an administrator, it is also my responsibility to ensure that the law and order situation is not disturbed,’’ Chavan said, adding he cannot allow any promotion or selling of the book in the state.

Sensing the backlash such a decision would invite across the country, the CM has constituted a four-member high-level committee to ascertain various options to challenge the SC decision. The committee, comprising the secretary of the law and judiciary department, and the state’s advocate-general, additional chief secretary (home) and chief secretary, will study the issue and present its report to the government.    

It will consider whether the state can file a review petition urging the apex court to revise its decision taking into account the larger interest of the public sentiment in Maharashtra.

“The state government will also urge the Centre to allow it to amend the Bombay Police Act to enable us to take decisions on whether irresponsible writings against great persons should be allowed,” home minister RR Patil said.

The chief minister and the home minister clarified that the government was not imposing any censorship. “But if there is widespread anger, it cannot be unattended,” they said.
The timing of the move is important. Coming a day before the monsoon session, it takes the steam out of the Sena-BJP campaign on the issue to some extent. The government has come under severe criticism for not placing its case effectively in the apex court on the matter.

According to law and judiciary officials, “the single point that went against the state was that while making the presentation, the question raised was whether the book would hurt the religious sentiments of people. In reply, we had to explain that Shivaji is not a religious personality. But he is a highly revered ruler and great inspiration to political parties and people across state.”

Sensing the opposition attack on the boundary dispute as well, the chief minister has already sought an appointment with prime minister Manmohan Singh to justify the merger of 865 villages along the Karnataka border with Maharashtra.

Chavan said, “The prime minister has agreed to the meeting. We will discuss the issue and place our case very strongly.”

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