The Delhi High Court recently disposed of a writ petition challenging the ban on the import of Salman Rushdie’s book “The Satanic Verses” as infructuous after the notification dated October 5, 1988, banning the book was untraceable.
After the respondents could not produce the notification of the Central Board of Indirect Taxes and Customs, the court had no other option except to presume that no such notification exists and therefore its validity could not be examined.
"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 bench of Justices Rekha Palli and Saurabh Banerjee said in their order.
The court’s order dated November 5 came on a petition moved by one Sandipan Khan who was unable to import the book on account of it being banned.
"Learned counsel for the petitioner submits that the petitioner has been compelled to approach this Court as he was unable to import the book “Satanic Verses” by Salman Rusdie on account of it being banned by the respondent no.3 vide Custom Notification No. 405/12/88-CUSIII dated 05.10.1988. However, the said notification is neither available on any of the respondent’s website nor is available with any of the respondents. In fact, the respondents have also been unable to produce/ file it before this Court," the Delhi HC said.
The court, however, noted that Khan will be entitled to take all actions in respect of the book as available in law.
Salman Rushdie's 'The Satanic Verses' remains one of the most contentious novels ever written, provoking debates, protests, and even violent reactions since its publication in 1988. Decades later, the book remains controversial, serving as a significant illustration of the conflict between freedom of expression and religious sensibility. This essay dives into the causes behind the ongoing debate surrounding 'The Satanic Verses.'
The novel was reportedly declared blasphemous by Iran's supreme leader Ayatollah Khomeini