Delhi High Court Says Notification Banning Import Of Salman Rushdie's 'The Satanic Verses' Doesn't Exist As Authorities Fail To Trace It

The Delhi High Court has disposed of a petition challenging the notification purportedly issued by the custom authorities in 1988 banning the import of book “The Satanic Verses” authored by Indian-British novelist Salman Rushdie.

A division bench comprising Justice Rekha Palli and Justice Saurabh Banerjee noted that the authorities, including the Central Board of Indirect Taxes and Customs, could not produce the notification since the filing of the petition way back in 2019.

“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 observed.

The Bench closed a plea filed by Sandipan Khan challenging the notification issued under the Customs Act, 1962. He sought permission to import the book in question from its publisher or international reseller or Indian or International e- commerce websites.

Khan's counsel submitted that the notification was neither available on any website nor was it available with any of the authorities. He said that the respondent authorities were also unable to produce or file the notification before the Court.

He apprised the Court about the reply to his RTI application in 2017 wherein it was informed that the book was banned. The counsel also referred to an order passed by a coordinate bench in 2022 recording that the authorities had said that the notification was untraceable, and therefore, could not be produced.

While disposing of the plea, the Bench noted that none of the respondent authorities could produce the notification and that the “purported author” of the said notification had also “shown his helplessness” in producing its copy during the pendency of the matter.

Observing that it has no option but to presume that the impugned notification does not exist, the Court said that Khan will be entitled to take all actions in respect of the book in question as available in law.

Counsel for Petitioner: Mr. Uddyam Mukherjee, Mr. Swapnil Pattanayak, Advocates

Counsel for Respondents: Mr. Anurag Ojha Sr. Standing Counsel for R1 and R2 with Mr. Subham. Kumar Advocate; Mr. Ravi Prakash, CGSC, Ms. Taha Yasin, Mr. Yasharth, Advocates

Title: SANDIPAN KHAN v. THE CHAIRMAN, CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS AND ORS.

Citation: 2024 LiveLaw (Del) 1209

Click here to read order