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Rushdie’s publication was released successful 1988 by London-based Viking/Penguin Group and was not allowed to scope Indian readers owing to the CBIC’s notification, Khan, claiming to beryllium a publication lover, had submitted. (Photo: Wikimedia Commons)
The Delhi High Court has disposed of a plea challenging the 1988 prohibition by the Central Board of Indirect Taxes and Customs (CBIC) connected the import of writer Salman Rushdie’s book, ‘The Satanic Verses’. This comes aft the CBIC failed to nutrient the said notification of the prohibition dated October 5, 1988, and admitted earlier the seat that it “is untraceable”.
Declaring the plea arsenic infructuous, a part seat of the tribunal connected November 5 recorded that it has nary different enactment “except to presume that nary specified notification exists”. In airy of the court’s observation, it clarified that the petitioner volition beryllium “entitled to instrumentality each actions successful respect of the said publication arsenic disposable successful law.”
The petitioner, Sandipan Khan, represented by advocator Uddyam Mukherjee, moved the Delhi HC successful 2019 aft helium was incapable to import the publication connected relationship of it being banned. He was besides told by assorted bookstores that the publication is not allowed to beryllium sold successful India and that the said publication is not published successful India.
Rushdie’s publication was released successful 1988 by London-based Viking/Penguin Group and was not allowed to scope Indian readers owing to the CBIC’s notification, Khan, claiming to beryllium a publication lover, had submitted.
Khan, successful his petition, sought the court’s directions to state the notification issued nether the Customs Act, 1962, banning the import of the publication successful India, to beryllium unconstitutional, and quash and acceptable it aside. Khan besides sought that the tribunal state that helium whitethorn proceed to import the publication from its publisher/international reseller oregon Indian oregon planetary e-commerce websites and that specified enactment shall not represent a usurpation of CBIC’s notification.
Khan had contended that the notification was neither disposable connected the website of the authorities nor was it disposable with the authorities. Among different responsive parties successful the petition were the caput of the Department of Revenue nether the Ministry of Finance and the location caput successful the Ministry of Home Affairs. In November 2022, the authorities had admitted earlier the tribunal that the “said notification is untraceable, and, therefore, could not beryllium produced.”
Taking into relationship the peculiar situation, the seat ruled, “From the aforesaid, what emerges is that nary of the respondents could nutrient the said notification dated 05.10.1988 with which the petitioner (Khan) is purportedly aggrieved and, successful fact, the purported writer of the said notification has besides shown his helplessness successful producing a transcript of the said notification during the pendency of the contiguous writ petition since its filing mode backmost successful 2019… In airy of the aforesaid circumstances, we person nary different enactment but to presume that nary specified notification exists, and, therefore, we cannot analyse the validity thereof and dispose of the writ petition arsenic infructuous.”
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