Manzar Sayeed Khan, a constituted Attorney and
Managing Director of the Oxford University Press, India - the
Publisher of the Book titled “Shivaji : Hindu King in Islamic
India” and Vinod Hansraj Goyal, Proprietor of Rashtriya
Printing Press, Shahdara, Delhi - the Printer of the said Book,
have filed the above-said Criminal Miscellaneous Petitions
seeking clarification/modification of the judgment of this
Court dated 05.04.2007 reported in (2007) 5 SCC 1, whereby
this Court had disposed of the appeals preferred against the
order dated 06.05.2004 of the High Court of Judicature at
Bombay in Criminal Writ Petition No.280 of 2004 and 370 of
2004. By the impugned order, the High Court vacated its
interim order recorded on 23.02.2004 with a direction to the
Crime Branch of the State of Maharashtra to complete the
investigation in FIR No.10 of 2004 registered at the Deccan
Police Station, Pune, against the appellants-applicants and
Prof. James W. Laine, the author of the book, under Sections
153, 153A and 34 of the Indian Penal Code [for short `IPC’].
On hearing the learned counsel for the parties at length, this
Court in paragraph 21 of the judgment concluded as under:
“21. In the result, for the above-said reasons, the
respondents shall not proceed against Professor
James W. Laine, the author of the book, for
offences under Sections 153, 153A and 34 of the
IPC being the subject matter of F.I.R. No. 10 of
2004 registered at the Deccan Police Station,
Pune.”
In paragraph 12 of the judgment, contentions of Mr. Soli
J. Sorabjee, learned senior counsel appearing on behalf of
Manzar Sayeed Khan - appellant were noted in detail and
considered. Ms. Kamini Jaiswal, learned counsel for Vinod
Hansaj Goyal-appellant, adopted the arguments advanced by
Mr. Sorabjee.
Having gone through the judgment dated 05.04.2007, we
are of the opinion that manifestly the tenor and import of the
judgment was to grant same and identical relief to Mr. Manzar
Sayeed Khan, Publisher and Mr. Vinod Hansraj Goyal, Printer
of the Book, which was granted to Prof. James W. Laine, the
author of the Book. But, it appears that by inadvertence or by
mistake, the names of the Publisher and Printer of the Book
had not been recorded in paragraph 21 of the judgment.
Therefore, in the facts and circumstances of the case, we feel
it expedient in the interest of justice to the parties to order
necessary clarification/modification in paragraph 21 of the
judgment, which shall get clarified and read as follow:
“21. In the result, for the above-said
reasons, the respondents shall not
proceed against Professor James W.
Laine, the author of the book, Mr.
Manzar Sayeed Khan, Publisher of the
Book and Mr. Vinod Hansraj Goyal,
Printer of the Book, respectively for
offences under Sections 153, 153A and
34 of the IPC being the subject-matter of
F.I.R. No. 10 of 2004 registered at the
Deccan Police Station, Pune.”
The Criminal Miscellaneous Petitions filed by the
applicants - appellants shall stand disposed of.
(K. G. Balakrishnan)
(Lokeshwar Singh Panta)
(D. K. Jain) New Delhi, April 16, 2009.