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july 2010

Supreme Court of India · 2010-07-09

State Of Maharashtra & Ors vs Sangharaj Damodar Rupawate & Ors

Court
Supreme Court of India
Petitioner
State Of Maharashtra & Ors
Respondent
Sangharaj Damodar Rupawate & Ors
Author
D.K. Jain
Bench
H.L. Dattu, D.K. Jain

Judgment text excerpt

The Supreme Court held that the High Court's decision to quash the notification under Section 95 of the Code of Criminal Procedure, 1973, which directed the forfeiture of the book 'Shivaji - Hindu King in Islamic India', was justified. The Court emphasized the importance of freedom of speech and expression under Article 19(1)(a) of the Constitution, stating that the State's action was disproportionate and violated the rights of the author and publisher. The Court upheld the High Court's ruling, reinforcing the principle that censorship must be exercised with caution and only in clear cases of public harm.

State Of Maharashtra & Ors vs Sangharaj Damodar Rupawate & Ors · Niyam