SC ends row over Shivaji book

New Delhi : The Supreme Court has quashed the criminal proceedings against American historian and professor James W Laine, against whom the Maharashtra police had filed an FIR for "defaming" Maratha king Chhatrapati Shivaji and "attempting to disturb the communal peace and harmony" through his controversial book, Shivaji, Hindu king in Islamic India.

The order came two years after the Supreme Court had stayed the probe by the Mumbai police against Laine and the Oxford Printing Press.

The book was relased in India in 2003, but it had to be withdrawn from circulation subsequently in the wake of strong protests against it for making "wanton and malicious" comments against Shivaji.

The row took a political turn after a mob of about 100-125 people ransacked the Bhandarkar Oriental Research Institute (BORI), Pune, and destroyed 18,000 books and 30,000 rare manuscripts on January 5, 2004.

Sanskrit scholar Shashikant Bahulkar, whose name appeared in the acknowledgement of the book, also faced the wrath of protesters.

Several organisations and political parties had slammed the book, saying it contained some derogatory remarks against Maratha warrior Shivaji and it could lead to fomenting violence between different communities. Laine had tendered an apology for certain comments in his book "if those had hurt the feelings of Hindus."

The FIR against the author and publisher of the book was filed by the Maratha Vikas Sangh under Section 153 of IPC, saying it was promoting social enmity. The case under sections 153, 153A and 34 IPC was registered at Deccan police station, Pune .

On May 6, 2004, the Bombay High Court had directed the Maharashtra police to investigate the FIR further and file a report within three months. However, the publishers and printer of the book moved the Supreme Court seeking a stay on the probe by the police.

An SC bench comprising Chief Justice KG Balakrishnan and Justices Lokeshwar Singh Panta and DK Jain in its judgment dated April 5, however, said the "intention to cause disorder or incite the people to violence is the sine qua non (essential ingredients) of the offence under section 153 of IPC and the prosecution has to prove prima facie the existence of mens rea (motive) on the part of the accused."

The Bench observed that Prof James W Laine, the author of the book, has exercised his reason and his own analytical skills before choosing any literature which he intends to include in his book.

"It is very improbable to imagine that any serious and intense scholar will attempt to malign the image of this glorious institute," the court ruled.

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