CHENNAI: A writ petition challenging the ban on a Tamil book stated to be bringing out the real history of Madurai Veeran is likely to be heard by a larger bench of the Madras High Court as a single judge has referred the matter to the Chief Justice.
The book “Madurai Veeran Unmai Varalaru”, depicting the heroics of Madurai Veeran, a rural hero, yesteryears, was penned by Kulandairaj.
The book was published in 2013.
However, it was banned by the Tamil Nadu government by issuing a GO on August 19, 2015 citing that certain portions of the book would incite public unrest, disharmony and enmity between communities.
The author approached the High Court against the ban in 2017 and stated that he was not informed of the forfeiture of the book when the GO was issued. Even though, section 96 of CrPC requires any person challenging an order of forfeiture shall file the petition within two months as provided under section 95 of CrPC, he argued that he was not aware of the ban; and so filed it belatedly.
Denying the allegations that some portions of the book would incite public unrest, he said the ban has deprived him of the freedom of speech and expression as enshrined in Article 19 (1) (a) of the Constitution.
Special government pleader Veda Bagath Singh representing the Home Department, submitted that the State is vested with full authority under section 95 of CrPC to forfeit newspapers/books/documents that contain any matter, the publication, of which, is punishable under various provisions of Indian Penal Code (IPC).
Justice Anita Sumanth, in a recent order, said that section 96 (2) of CrPC requires the matter to be heard by a bench having not less than three judges.
“In light of Section 96(2) requiring any challenge under Section 96(1) to be placed before a Bench of the High Court consisting of not less than three Judges, the present writ petition may be placed before the Chief Justice for constitution of an appropriate Bench for consideration of the same,” she said in the order.
This is considered the first time that a writ petition challenging the ban on a book is likely to go to a larger bench.