Manzar Sayeed Khan vs State of Maharashtra
Manzar Sayeed Khan vs State of Maharashtra - Supreme Court Case Summary of Leading Case -
On 5th April, 2007, a three Judges Bench in Manzar Sayeed Khan vs State of Maharashtra & Anr [Criminal Appeal No.491 of 2007] while directing the Respondents not to proceed against Professor James W. Laine, the author of the book titled “Shivaji: Hindu King in Islamic India”, for offences under Sections 153, 153A and 34, IPC held that “the intention to cause disorder or incite the people to violence is the sine qua non of the offence under Section 153A, IPC and the prosecution has to prove prima facie the existence of mens rea on the part of the accused.”
“The intention has to be judged primarily by the language of the book and the circumstances in which the book was written and published. The matter complained of within the ambit of Section 153A must be read as a whole. One cannot rely on strongly worded and isolated passages for proving the charge nor indeed can one take a sentence here and a sentence there and connect them by a meticulous process of inferential reasoning”, the Bench said.