NEW DELHI: The Delhi High Court has closed a longstanding case challenging the alleged 1988 ban on importing Indian-British writer Salman Rushdie’s controversial novel, The Satanic Verses, after customs authorities failed to produce any record of the notification purportedly enforcing the ban.
A division bench, comprising Justice Rekha Palli and Justice Saurabh Banerjee, observed that despite extensive attempts to retrieve the notification, no evidence of it could be found.
The case, filed in 2019 by petitioner Sandipan Khan, sought clarification and relief from the ban, which he argued restricted his right to access and import the book from publishers or international online sellers.
Since its initial filing, neither the Central Board of Indirect Taxes and Customs (CBIC) nor any other relevant agency could present a copy of the notification supposedly issued under the Customs Act, 1962.
“In the light of the aforesaid circumstances, we have no other option except to presume that no such notification exists, and therefore, we cannot examine the validity thereof and dispose of the writ petition as infructuous,” the Court noted in its decision.
Khan’s legal team had argued that they were unable to locate any official documentation or digital record of the ban on government websites. They referenced a 2017 RTI response indicating that the book was restricted, yet no concrete documentation was provided.
The bench concluded that in the absence of proof, it could only assume the notification did not exist. The Court’s decision now effectively removes legal barriers preventing Khan from importing The Satanic Verses. The bench specified that he is entitled to take any lawful actions regarding the book as permitted by current regulations.