Supreme Court of India · 2007-05-02
Sri Baragur Ramachandrappa & Ors vs State Of Karnataka & Ors
- Citation / case number
- 2007 AIR SCW 2829
- Court
- Supreme Court of India
- Petitioner
- Sri Baragur Ramachandrappa & Ors
- Respondent
- State Of Karnataka & Ors
- Author
- Harjit Singh Bedi
- Bench
- B.P. Singh, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's dismissal of a petition under Section 96 of the Code of Criminal Procedure challenging the forfeiture of the novel 'Dharmakaarana' under Section 95. The Court ruled that the State Government's action was justified as the book contained objectionable material that could incite enmity among different classes, referencing Sections 124-A, 153-A, 153-B, 292, 293, and 295-A of the Indian Penal Code. The Court emphasized that the burden of proof lay on the petitioner to demonstrate that the publication did not meet the criteria for forfeiture under Section 95, affirming the constitutionality of the restrictions under Article 19(1)(a).