Supreme Court of India · 2010-07-09
STATE OF MAHARASHTRA vs SANGHARAJ DAMODAR RUPAWATE .
- Citation / case number
- SC 2007/14200
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- SANGHARAJ DAMODAR RUPAWATE .
- Author
- D.K. JAIN
- Bench
- D.K. JAIN,H.L. DATTU, , ,
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the notification issued under Section 95 of the Code of Criminal Procedure, 1973, which directed the forfeiture of the book 'Shivaji – Hindu King in Islamic India'. The Court emphasized the importance of freedom of speech and expression under Article 19(1)(a) of the Constitution, stating that the book did not pose a threat to public order. The ruling reinforced the principle that prior restraint on publication is impermissible unless there is a clear and present danger to society.