HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 4 Case :- MISC. BENCH No.

- 1034 of 2010 Petitioner :- Dinesh Kumar Tripathi, Advocate S/O Sambhu Nath Tripathi Respondent :- Union Of India Thru Secy. Home Affairs & Ors. ( P.I.L. ) Petitioner Counsel :- In Person (D.K. Tripathi) Respondent Counsel :- C.S.C.,A.S.G. Hon'ble Sunil Ambwani,J. Hon'ble Dr. Satish Chandra,J. Dr. Ashok Nigam, Addl. Solicitor General of India and Shri I.H. Farooqi, Asstt. Solicitor General of India have accepted notice on behalf of respondent No.1. The Chief Standing Counsel has accepted notice on behalf of respondent No.2. Issue notice to respondent No.3. Steps in three days. The petitioner is an Advocate of this Court. He has brought to the notice of this Court a publication by the name of 'Nehru Gandhi Parivar Secular or Varnsankar' by Shri Hari Ram Guptarespondent No.3 published from 190,S-3, Puja Apa, Sarvdharm-B, Kolar Road, Bhopal, Mob.No.9424443844. It is alleged that this publication is not only contains defamatory statements against the national leaders, who have built modern India, but is also scandalous and tends to disrupt the communal harmony in the society. The publication has not been made after seeking approvals under Section 9 of the Press and Registration of Books Act, 1867. It is alleged that the author and the publisher have committed offences under Section 153A, 153B and Section 292 and other relevant provisions of the IPC in publishing and putting up the book for sale. According to the petitioner the facts alleged in the book have no iota of truth and are highly scandalous. The publication has potential of inciting communal and religious hatred. It is submitted by him that since the circulation of the book has to be immediately stopped, he has instead of approaching the authorities rushed to the Court to take immediate appropriate action under Art.226 of the Constitution of India, to stop the publication, circulation and sale of the book. We have gone through the contents of the book annexed as Annexure No.1 to the writ petition and find that the allegations made, are highly scandalous and contain derogatory remarks against the national leaders. The allegations have the potential to disturb the communal harmony. We call upon the Ministry of Home Affairs, New Delhi and the Principal Secretary, Department of Home, Secretariat Lucknow to immediately take notice of the allegations made in the writ petition as well as the contents of the book and consider to take immediate appropriate action under Section 95 CrPC to stop the publication, printing, sale and circulation of the book. List this matter on 15th February, 2010. Until then or until the respondent Nos.1 and 2 take appropriate action in the matter, we direct the Principal Secretary, Department of Home, Lucknow to immediately stop the publication, circulation and sale of the book in the State of U.P. He is also directed to consider to seize all the copies, which are available within his jurisdiction in the State of U.P. Let a copy of the book (which has also been annexed to the writ petition) produced in Court be made part of the record. A copy of the order be given the counsels for Union of India and the Chief Standing Counsel for compliance today. Order Date :- 5.2.2010 SP/