In a significant ruling regarding a book on Islam titled "Islam - A Concept of Political World Invasion by Muslims", authored by R V Bhasin, a Mumbai based advocate , a three-judge bench of the Bombay high court on Wednesday held that :
1. In India Bona fide criticism of any religion -- be it Islam, Hinduism, Christianity or any other -- is permissible under the fundamental right to freedom of speech and that a book cannot be banned on those grounds alone.
2. But the book contained an "aggravated form of criticism made with a malicious and deliberate intention" to outrage the feelings of Muslims.
3. The bench, comprising Justices Ranjana Desai, D Y Chandrachud and R S Mohite, while delivering the landmark verdict on Wednesday, said "in our country, everything is open to criticism and religion is no exception. Freedom of expression covers criticism of religion and no person can be sensitive about it. Healthy criticism provokes thought, encourages debate and helps us evolve. But criticism cannot be malicious and must not lead to creating ill-will between different communities... (it) must lead to sensible dialogue. The courts must strike a balance between the guaranteed freedom and permissible restrictions, "a difficult task".
4. The book since 2003 had been in circulation for four years before the state felt the need to ban it for "several derogatory and false statements about Muslim religion, the community, Mohammed Paigambar and Muslim priests".
5. Bhasin later told TOI that he would go to the Supreme Court in appeal. "Freedom of speech cannot be blocked on interpretation," he said. Also, unless a book gives rise immediately to a present and sudden danger of disrupting communal or societal peace, its ban cannot be justified.
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