NEW DELHI: The Delhi High Court has dismissed a long-running case challenging the alleged 1988 ban on importing Salman Rushdie’s controversial novel, The Satanic Verses. The case was closed after customs authorities failed to produce any record of the notification that purportedly enforced the ban.
A division bench, comprising Justice Rekha Palli and Justice Saurabh Banerjee, observed that despite extensive efforts to retrieve the notification, no evidence of its existence could be found.
The case was filed in 2019 by petitioner Sandipan Khan, who sought clarification and relief from the ban, arguing that it restricted his right to access and import the book from publishers or international online sellers.
Since the petition's filing, neither the Central Board of Indirect Taxes and Customs (CBIC) nor any other relevant agency was able to provide a copy of the notification that was allegedly issued under the Customs Act, 1962.
"In 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 stated in its ruling.
Khan’s legal team argued that they were unable to locate any official documentation or digital record of the ban on government websites. They cited a 2017 Right to Information (RTI) response that indicated the book was restricted, yet no concrete documentation was provided.
Khan’s counsel also referenced a 2022 order by a coordinate bench, which noted similar difficulties faced by the authorities in locating the notification, casting doubt on its very existence.
During the proceedings, the High Court noted the helplessness expressed by customs officials, who admitted they could not trace the original ban document. The bench concluded that in the absence of proof, it could only presume the notification did not exist.
The Court's decision now removes any legal barriers preventing Khan from importing The Satanic Verses. The bench clarified that Khan is entitled to take any lawful actions regarding the book, as permitted by current regulations.