Full Judgment Text
2019:BHC-OS:8759-DB
Judgment-WPL.1897.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 1897 OF 2017
Amritpal Singh Khalsa }
age 26 years, Indian Inhabitant, }
Law Student, residing at 201-2, }
Pleasure Park, Opp. Pinto Park, }
O. T. Section, Ulhasnagar, }
09699977445, mjlaw91@gmail.com } Petitioner
versus
1. Maharashtra State Bureau of }
Textbooks Production and }
Curriculum Research, Pune }
also having another address at }
P.P.Deshpande Maharashtra Kala }
Akadami Sankual, Ravindra Natya }
Mandir Premises, Sayani Road, }
Prabhadevi, Mumbai 400 025 }
}
2. Director, Maharashtra State }
Bureau of Textbooks Production }
and Curriculum Research, Pune }
}
3. Principal Secretary, }
Department of School Education, }
Sports, Mantralaya }
}
4. Education Commissioner, }
Maharashtra Prathamik Shikshan }
Parishad, Mumbai, Jawahar }
Bal-Bhavan, Netaji Subhash Marg, }
Charni Road (West), Mumbai }
}
5. Shri Vinod Tawade, }
Home Minister of School Education, }
Sports and Youth Welfare, Higher }
and Technical Education, Medical }
Education, Marathi Bhasha and }
Cultural Affairs, Mantralaya, }
Mumbai }
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6. Senior Police Inspector, }
Central Police Station, }
Ulhasnagar – 421 003 }
}
7. State of Maharashtra, }
through Chief Secretary, }
Mantralaya } Respondents
Mr.Mathews J.Nedumpara I/b. Ms. Rohini
M.Amin for the petitioner.
Mr.V.A.Thorat-Senior Advocate with
Ms.Suhasini Mutalik and Mr.Jagdish
G.Aradwad (Reddy) for respondent nos. 1
and 2.
Ms.Geeta Shastri-Additional Government
Pleader for State.
CORAM :- S. C. DHARMADHIKARI &
SMT. BHARATI H. DANGRE, JJ.
th
Reserved on 5 DECEMBER, 2018
th
Pronounced on 18 APRIL, 2019
JUDGMENT :- (Per S. C. Dharmadhikari, J.)
1. By this writ petition under Article 226 of the Constitution of
India, the petitioner seeks the following two essential reliefs:-
“2. That the chapters/text/word/paragraph/sentence
pertaining to Shaheed Saint Jarnailsingh Bhindrawale from
the Text books published Maharashtra State Bureau be
removed/abolished/deleted/repealed immediately and all the
text books must be recalled.
3. That the Maharashtra State Bureau of Textbook
Publication and Curriculum Research, Pune be directed to
tender unconditional apology to entire Sikh community and
all the people for allegedly hurting the religious sentiments.”
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2. The petitioner claims to be resident of District Thane in the
State of Maharashtra and an Indian citizen, interested in
ensuring that no textbook prescribed by the Maharashtra State
Board and Secondary and Higher Secondary education should
contain material derogatory to or defamatory of any religion or
any religious leader that he files this petition. In paras 4 to 9 of
this writ petition, the petitioner states as under:-
“4. That petitioner came across a post on Facebook
regarding the information published in the Text Book of
th
Maharashtra State Board 9 Standard, History and Political
Science subject published by Maharashtra State Bureau of
Textbook Publication and Curriculum Research, Pune which
contains text which were spreading vicious propaganda
against Sikh struggle movement so too calling
shaheedSantJarnailSinghjiBhindrawale as terrorist nay all
other shaheeds who laid their life in defending Harmandar
Sahib (Golden Temple) against Military operation Blue Star.
5. That petitioner though this post to be a joke or mischief
by some anti-social elements but petitioner ought necessary
to check the authenticity of post by himself therefore
petitioner went to book store and bought the copy of History
th
and Civics textbook of 9 standard published by Maharashtra
State Bureau of Textbook Publication and Curriculum
Research and was literally shocked to see the language and
the way in which Sikh struggle movement so too
ShaheedSantJarnail Singh Bhindrawale was called as
terrorist with other shaheeds.
6. The petitioner is approaching this court to bring certain
facts to the notice of this Hon'ble Court wherein it is pertinent
to note that the director, authors, publishes, printers, editors,
researchers, History Subject Committee of Maharashtra State
Bureau of Textbook Publication and Curriculum Research,
Pune without doing any research, or reading of books
whatsoever chose to publish the alleged defamatory matter
hereto annexed and marked as EXHIBIT B the copy of
textbook published by Maharashtra state board.
7. This court may be pleased to take on record that
ShaheedSantJarnailSinghjiBhindrawale was not named in
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any FIR ever in his life yet the text book chose to propagate
false information by stating that Santji was arrested by Police
they failed to also print that Santji was arrested without their
name being in any FIR. Hereto is marked and annexed as
“EXHIBIT A” a copy of series of communication by one RTI
Activist Mr.Navdeep Gupta, the petitioner is thankful to
Mr.Navdeep Gupta for taking up he cause in a proper way.
8. The petitioner further begs to state that a State
Government and the Central Government had no document
proclaiming ShaheedSantJarnailSingh Bhindrawale as
terrorist, the same letter are annexed in Exhibit A.
9. The petitioner begs to submit that Only 36 bodies were
recovered from Akal Takht after operation Blue Star was over
the as stated in the Reply of Government of India, Ministry of
Home Affairs even the Central Government chose to respect
the ShaheedBhindrawale and others shaheed by, not calling
them terrorist the copy of this letter is enclosed in Exhibit
A.”
3. Then, the petitioner sets out the history of Operation
Bluestar in the further paragraphs. He alleges that the textbook
has called the Shaheeds protecting Harmandar Sahib as terrorist.
There were only 36 corpses found, but the textbook depicts as if
more than thousand so called terrorists were hiding inside the
Golden Temple. It is clear, according to the petitioner that such
references have been made without understanding the
repercussions and consequences of a mass genocide or mass
killing of innocent Sikhs. Once there is a history of the attack on
Sikh community post assassination of Smt. Indira Gandhi, then,
given the apologies tendered by the political leaders of the Sikh
community, such references in the textbook will damage the
reputation of the Sikh community. It will influence the mind of
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innocent students or readers of the textbook leading to
development of hatred in young impressionable minds. It is in
these circumstances that such references or statements in the
textbook should be removed as they may adversely impact the
students. The petitioner submits that the text published is
violative of Articles 21 and 25 of the Constitution of India. A
person respected and revered as a Saint is being termed as
terrorist. It is in these circumstances that we must grant the
reliefs as prayed.
4. There is an affidavit which has been filed in reply to this
petition by the Maharashtra State Bureau of Textbooks
(respondent no.1). All allegations have been denied and it is
stated that the textbook is printed and published after meticulous
planning and preparation. There are eight language subject
committees and eight non-language committees working in the
Bureau, which are entrusted with responsibility of preparing
manuscripts of all the textbooks based upon the syllabus
approved by the State Government.
5. In the affidavit in reply, in paragraphs 7 to 12, the deponent
states as under:-
“7. I say and submit that before any textbook is printed and
published, there is meticulous planning and preparation for the
textbooks. I say that there are eight language subject
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committees and eight non-language committees working in the
Bureau who are entrusted with the responsibilities of preparing
manuscripts of all the textbooks based upon the syllabus
approved by the State Government. I say that the expert
members are drawn from different levels of education, that is
primary, secondary, college, university and the literary world.
The teacher educators and educationists are also included as
members on the subject committees. I say that the academic
officer of the Bureau works as a member secretary of each of
these committees.
8. I say and submit that the syllabi and curricula is
prepared by the MSCERT (Maharashtra State Council of
Educational Research and Training, which is recently named as
Academic Authority for Maharashtra) along with the members
of the Bureau. I say and submit that this syllabi and curricula
prepared by the MSCERT and the Bureau is then sent for
necessary sanction to the Education Department of the State of
Maharashtra. I say that after obtaining the sanction, then the
Bureau undertakes the work of preparation of the textbooks.
9. I say and submit that within the Bureau, there are
different committees for different subjects. I say that the
members of the History subject committee, the members of the
History and Civic study group, the names of the Authors, etc.
are printed in the book. I say and submit that there is an
elaborate procedure before the preparation of any text book.
The copy of the page of the history text book showing the names
of the members of the different committees is Ann ‘A’.
Procedure at the time of preparing a textbook:
10. I say and submit that there is a committee for the
History subject consisting of members who are renowned in the
fields of education and the history subject. I say that the
curricula which is sanctioned by the Education Department of
the State of Maharashtra is then sent to this subject committee
who prepares a table-wise sheet of the contents of the chapters,
etc. I say and submit that this committee then holds
deliberations and contemplates as to who would be a writer for
the particular subject, in the present case the history subject,
and then names an expert and passes a resolution naming the
expert in the history subject to be a Writer for the history
textbook. I say that Dr.Ganesh Raut M.A. PhD, who is the Head
of the history department in H. V. Desai College, Pune was
named as a writer for this history subject. I say and submit that
the resolution to appoint Dr.Ganesh Raut as the writer for the
history subject was then sent to me as a Director and I have
given the approval for the same. The names of the History
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Subject Committee along with their qualifications is annexed
hereto and marked as Ann. ‘B’ hereto.
11. I say and submit that Dr.Ganesh Raut has prepared a
draft for the history subject and then submitted the draft to the
Bureau. I say and submit that, after the draft was submitted by
Dr.Ganesh Raut, it was put up before a separate History and
Civics study group consisting of 30 renowned people knowing
the history subject. The names and qualifications of this study
groups are annexed hereto and marked as Ann. ‘C’.
12. I say and submit that this study group then held a
collective reading of each and every sentence, remark, word,
coma etc. of the draft and then put up their own suggestions and
remarks on the said draft. I say that, as per the procedure, the
said draft, as approved, corrected and modified by the history
and civics study group was placed again before the main
committee for the history subject who read the entire text again
and prepared the text as per the suggestions and modifications
suggested by the history and civics study group. I say and
submit that the said approved text was then sent for scrutiny to
Dr.Bushan Phadtare Quality Reviewer M.A.PhD, Head of
Department of History of the Bharatiya Jain Sanghatana,
Wagholi, Pune and to Dr.Shrikanth Paranjape Quality Reviewer
and Civics Committee Chairman M.A.PhD, Ex-head of the
Defence Studies in the Savitribai Phule Pune University. I say
and submit that, after scrutiny, the reviewed text with remarks
and suggestions were again placed before the history subject
committee who then made the necessary corrections and sent
the said text for printing.”
6. Thereafter, it is stated that once the draft of the textbook of
History subject has been scrutinised, verified by a number of
experts in the subject and the book is not prepared hurriedly or in
a haphazard manner, then, this court should not interfere in writ
jurisdiction with a decision of this nature. In paras 14 and 15, it is
stated that the head of the History Department, H. V. College,
Pune, who was named as a writer, has referred to enormous
source of material on History. He has detailed the references and
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carefully perused and analysed them. It is thereafter that the
book was printed, published and distributed. In para 15, it is
stated that the Bureau has its offices at nine places all over the
Maharashtra, 22,45,000 copies of the History and Political
Science textbook have been printed and distributed. Now,
belatedly such a petition is filed. Further, the textbook has been
printed in different languages and it has been distributed to all
the aided and un-aided schools, including Zilla Parishad schools
all over Maharashtra and to nearly 19,44,124 students. The text
th
was published on 28 April, 2017. Thus, there is a gross delay in
filing the petition. In para 17, for the purpose of satisfying the
judicial conscience of this court, it is stated that extensive
material, which includes publications in the newspapers at the
relevant time and post assassination of the Late Prime Minister
Smt. Indira Gandhi, was referred at the time of preparation of the
script of the textbook. The opinions of eminent writers and
thinkers, as emerged in their writings were considered and also
inclusive of a book titled as “Operation Bluestar: The True Story”
scripted by Lt. General K. S. Brar and another books by eminent
authors. Then, it is incorrect to say that the book is published
without doing any research or reading any contemporary works.
Further, the context and backdrop in which the textbook included
this Chapter or reference is totally lost to the petitioner. The
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contents are of a History textbook for Standard IX students. It
informs them as to why the operation was carried out and in what
circumstances. Therefore, nothing much can be made of such a
publication and it is unlikely to influence anybody’s mind, much
less generate hatred and prejudice. For all these reasons, the writ
petition be dismissed.
7. On such a petition, we have heard Mr.Nedumpara appearing
for the petitioner and he says that we must also refer to the
rejoinder affidavit which highlights as to how Sikhs are revered
and respected all over the world for their calvary and valor. They
are known as warriors and their sacrifice and services to the
nation have been recognised and respected. It is in these
circumstances that the petitioner has moved this petition and in
complete good faith. The petition is not filed to gain publicity or to
foment or stir up a controversy on religious issues.
Mr.Nedumpara submits that Mr.Jarnailsingh Bhindranwale
was considered as a saint by the Sikh community. The
Government should consider the deletion of the offending portion
as the feelings of the Sikh community are hurt. Their pain and
anguish must be understood for a person respected by them is
defamed in this manner. He is a religious leader and his
description as a terrorist is likely to create an adverse impact. It
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may divide and create a rift between the Sikhs and others. It is
submitted that no sense of alienation should be felt by the Sikhs
and the community has always respected other communities.
The petitioner is a law abiding public spirited individual. For all
these reasons, Mr.Nedumpara would submit that the writ petition
be allowed.
8. Mr.Nedumpara has handed over written materials and also
the alleged offending portion of the subject textbook. He would
submit that there is contra material which would indicate that
Mr.Bhindranwale was respected as a religious leader. Hence, the
writ petition be entertained and allowed.
9. On the other hand, Mr.Thorat learned senior counsel
appearing for the respondents would submit that the writ petition
has no merit and must be dismissed. It is urged that this writ
petition filed by an individual cannot be considered to be
espousing the cause of entire Sikh community. The petitioner
cannot claim to represent the whole community. He has no locus
to speak authoritatively on the feelings of the Sikh community
just because he is one of them. The community is not before this
court in a representative capacity. Apart from that, the affidavit
in reply elaborates the process of scrutiny and verification
carried out by the experts before the material is sent for printing
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and the textbook is distributed. Once the allegations in the
petition are but a opinion of the petitioner, then, all the more this
writ petition should not be entertained. Further, this is the
second year of the publication and the textbook has already
reached the teachers, students and the managements of
educational institutions all over Maharashtra. Nobody has
complained about the contents nor anybody is offended. For these
reasons, he would submit that the petition be dismissed.
10. Before we consider the rival contentions, we must impress
upon all concerned that in matters of this nature and where the
power is conferred on a statutory authority to prescribe books
and make a syllabus, then, there is a certain latitude flexibility
and discretion conceded to them. The exercise of discretion in
such cases cannot be a subject matter of judicial review on all
occasions, save and except when there are clear situations of
abuse of such discretionary power. Unless the discretionary
power is abused to such an extent as is demonstrative of
arbitrariness and malafides, the court cannot interfere. In De
Smith, Woolf and Jowell: Judicial Review of Administrative Action
published by Sweet and Maxwell, on this aspect, the learned
authors have to say as under:-
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“Limitation inherent in the courts’ institutional
capacity
1-030 In respect of the institutional capacity of the
courts, there are some decisions which they are ill-
equipped to review-those which are not ideally justiciable
or, in other words, “not amenable to the judicial process”,
or indeed those which are better able to be determined by
other bodies, including Parliament.
Matters in relation to which the court lacks expertise
1-032 A second institutional limitation of the courts is
lack of relative expertise. Particularly as the review of
fact, or the merits of a decision is not routinely permitted
in judicial review, there are some matters which are best
resolved by those with specialist knowledge (such as
decisions about the ranking of university departments.)
Connected with the issue of expertise is that of risk-
assessment. National security is often said to be an area in
which the courts should not readily intervene, not merely
because the executive possess prime constitutional
responsibility in this area, but because they may be best
placed to assess, through their network of informers, the
risk of the dangers involved.
However, here too the court will no longer
unquestioningly accept the say-so of the executive or other
experts, and will properly intervene if the decision is based
on a material mistake of fact, or is otherwise illegal or
irrational.”
11. After perusing the writ petition, its annexures, the affidavit
in reply and rejoinder together with their exhibits, we agree with
Mr.Thorat. We feel that the writ petition should be dismissed.
1
12. In the case of Basavaiah (Dr.) vs. Dr.H.L.Ramesh and Ors. ,
a decision heavily relied upon by Mr.Thorat, the Hon’ble Supreme
Court has held that the courts have to show deference and
consideration to the decisions of the expert committees
consisting of distinguished persons in the field. Once the matter is
1 (2010) 8 SCC 372
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of research, study and an academic exercise based thereon being
carried out, then, the writ court should not interfere. The
judgment of experts and academicians cannot be substituted by
our opinions and judgments. As far as such bodies are concerned,
in academic matters, at least their views and opinions deserve
due respect and regard. Of-course, there are exceptions to this
general rule, but the exceptional circumstances have to be
established and proved by cogent and reliable material.
13. In the instant case, without reading the Chapter as a whole
and by referring and relying on a part thereof, the allegations are
made. In the textbook prescribed for Standard IXth by the
Bureau on the subject of “History and Political Science”, there are
several Chapters. Under the broad heading “India after
Independence”, there are Chapters, namely, “Sources of History”,
“India: Events after 1960”, “India’s Internal Challenges”,
“Economic Development” and “Education”. Therefore, Chapters 1
to 10 include a Chapter each on “Empowerment of Women and
other Weaker Sections”, “Science and Technology”, “Industry and
Trade” etc. In such a comprehensive study material, there is one
Chapter which discusses India’s internal challenges. The Chapter
intends to inform the students that the country is facing
enormous internal challenges like separatist movements, issues
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of north-east India, naxalism, communalism and regionalism.
While referring to the unrest in Punjab, the demand for
Independent State/Khalistan, all the events are set out. The
name of Saint Jarnailsingh Bhindranwale is mentioned with
reference to his support for the Khalistan movement. Thereafter,
the arrest of Bhindranwale is referred after there was a violent
incident in 1981 in the State of Punjab. The worsened situation
and its details are given. It is in that context, the Operation Blue
Star is referred to and it is termed as a military expedition taken
up with a particular objective. That is how it is described as an
operation. The Operation Blue Star was undertaken to evict the
terrorists hiding in the Golden Temple. It is in this context that
we must read the alleged offending sentences and we do not see
any insulting or irreverential reference therein to anybody much
less Shri.Bhindranwale. The contents of the Chapter do not term
him as a terrorist. If the Chapter is read as a whole and
harmoniously, the alleged offending portion is perused in its
entirety, then, we do not find anything therein which would hurt
the religious sentiments of the Sikh community.
14. We agree with respondent no. 1 that the Chapter contains
reference to several events posing challenges to India’s internal
security. It is in these circumstances and while informing the
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students about several movements, including naxalist, the
attempt is to identify internal challenges. Thus, a broad picture is
painted before the reader and he/she is not likely to be influenced
eitherway. It is not a one-sided version. It gives a balanced
picture. It is a study material and prescribed for a student of IXth
Standard who will taking the examinations. We do not think that
in such a material we should read something more and
particularly as suggested by Mr.Nedumpara.
15. None of the grounds in the writ petition, therefore, impress
us. We are not in agreement with Mr.Nedumpara that a Saint is
projected as a terrorist. It is merely a reference to the operation
carried out in the Golden Temple. The source material procured
from within India and abroad has been carefully studied and
analysed and based on that, the contents are prepared. If viewed
broadly and particularly in the backdrop of the duty and function
of a Bureau preparing the prescribed textbooks for school going
students, all the more we do not think that this is a fit case for
interference in writ jurisdiction. We do not find any merit in the
writ petition and it is dismissed. There would be no order as to
costs.
(SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 1897 OF 2017
Amritpal Singh Khalsa }
age 26 years, Indian Inhabitant, }
Law Student, residing at 201-2, }
Pleasure Park, Opp. Pinto Park, }
O. T. Section, Ulhasnagar, }
09699977445, mjlaw91@gmail.com } Petitioner
versus
1. Maharashtra State Bureau of }
Textbooks Production and }
Curriculum Research, Pune }
also having another address at }
P.P.Deshpande Maharashtra Kala }
Akadami Sankual, Ravindra Natya }
Mandir Premises, Sayani Road, }
Prabhadevi, Mumbai 400 025 }
}
2. Director, Maharashtra State }
Bureau of Textbooks Production }
and Curriculum Research, Pune }
}
3. Principal Secretary, }
Department of School Education, }
Sports, Mantralaya }
}
4. Education Commissioner, }
Maharashtra Prathamik Shikshan }
Parishad, Mumbai, Jawahar }
Bal-Bhavan, Netaji Subhash Marg, }
Charni Road (West), Mumbai }
}
5. Shri Vinod Tawade, }
Home Minister of School Education, }
Sports and Youth Welfare, Higher }
and Technical Education, Medical }
Education, Marathi Bhasha and }
Cultural Affairs, Mantralaya, }
Mumbai }
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6. Senior Police Inspector, }
Central Police Station, }
Ulhasnagar – 421 003 }
}
7. State of Maharashtra, }
through Chief Secretary, }
Mantralaya } Respondents
Mr.Mathews J.Nedumpara I/b. Ms. Rohini
M.Amin for the petitioner.
Mr.V.A.Thorat-Senior Advocate with
Ms.Suhasini Mutalik and Mr.Jagdish
G.Aradwad (Reddy) for respondent nos. 1
and 2.
Ms.Geeta Shastri-Additional Government
Pleader for State.
CORAM :- S. C. DHARMADHIKARI &
SMT. BHARATI H. DANGRE, JJ.
th
Reserved on 5 DECEMBER, 2018
th
Pronounced on 18 APRIL, 2019
JUDGMENT :- (Per S. C. Dharmadhikari, J.)
1. By this writ petition under Article 226 of the Constitution of
India, the petitioner seeks the following two essential reliefs:-
“2. That the chapters/text/word/paragraph/sentence
pertaining to Shaheed Saint Jarnailsingh Bhindrawale from
the Text books published Maharashtra State Bureau be
removed/abolished/deleted/repealed immediately and all the
text books must be recalled.
3. That the Maharashtra State Bureau of Textbook
Publication and Curriculum Research, Pune be directed to
tender unconditional apology to entire Sikh community and
all the people for allegedly hurting the religious sentiments.”
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2. The petitioner claims to be resident of District Thane in the
State of Maharashtra and an Indian citizen, interested in
ensuring that no textbook prescribed by the Maharashtra State
Board and Secondary and Higher Secondary education should
contain material derogatory to or defamatory of any religion or
any religious leader that he files this petition. In paras 4 to 9 of
this writ petition, the petitioner states as under:-
“4. That petitioner came across a post on Facebook
regarding the information published in the Text Book of
th
Maharashtra State Board 9 Standard, History and Political
Science subject published by Maharashtra State Bureau of
Textbook Publication and Curriculum Research, Pune which
contains text which were spreading vicious propaganda
against Sikh struggle movement so too calling
shaheedSantJarnailSinghjiBhindrawale as terrorist nay all
other shaheeds who laid their life in defending Harmandar
Sahib (Golden Temple) against Military operation Blue Star.
5. That petitioner though this post to be a joke or mischief
by some anti-social elements but petitioner ought necessary
to check the authenticity of post by himself therefore
petitioner went to book store and bought the copy of History
th
and Civics textbook of 9 standard published by Maharashtra
State Bureau of Textbook Publication and Curriculum
Research and was literally shocked to see the language and
the way in which Sikh struggle movement so too
ShaheedSantJarnail Singh Bhindrawale was called as
terrorist with other shaheeds.
6. The petitioner is approaching this court to bring certain
facts to the notice of this Hon'ble Court wherein it is pertinent
to note that the director, authors, publishes, printers, editors,
researchers, History Subject Committee of Maharashtra State
Bureau of Textbook Publication and Curriculum Research,
Pune without doing any research, or reading of books
whatsoever chose to publish the alleged defamatory matter
hereto annexed and marked as EXHIBIT B the copy of
textbook published by Maharashtra state board.
7. This court may be pleased to take on record that
ShaheedSantJarnailSinghjiBhindrawale was not named in
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any FIR ever in his life yet the text book chose to propagate
false information by stating that Santji was arrested by Police
they failed to also print that Santji was arrested without their
name being in any FIR. Hereto is marked and annexed as
“EXHIBIT A” a copy of series of communication by one RTI
Activist Mr.Navdeep Gupta, the petitioner is thankful to
Mr.Navdeep Gupta for taking up he cause in a proper way.
8. The petitioner further begs to state that a State
Government and the Central Government had no document
proclaiming ShaheedSantJarnailSingh Bhindrawale as
terrorist, the same letter are annexed in Exhibit A.
9. The petitioner begs to submit that Only 36 bodies were
recovered from Akal Takht after operation Blue Star was over
the as stated in the Reply of Government of India, Ministry of
Home Affairs even the Central Government chose to respect
the ShaheedBhindrawale and others shaheed by, not calling
them terrorist the copy of this letter is enclosed in Exhibit
A.”
3. Then, the petitioner sets out the history of Operation
Bluestar in the further paragraphs. He alleges that the textbook
has called the Shaheeds protecting Harmandar Sahib as terrorist.
There were only 36 corpses found, but the textbook depicts as if
more than thousand so called terrorists were hiding inside the
Golden Temple. It is clear, according to the petitioner that such
references have been made without understanding the
repercussions and consequences of a mass genocide or mass
killing of innocent Sikhs. Once there is a history of the attack on
Sikh community post assassination of Smt. Indira Gandhi, then,
given the apologies tendered by the political leaders of the Sikh
community, such references in the textbook will damage the
reputation of the Sikh community. It will influence the mind of
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innocent students or readers of the textbook leading to
development of hatred in young impressionable minds. It is in
these circumstances that such references or statements in the
textbook should be removed as they may adversely impact the
students. The petitioner submits that the text published is
violative of Articles 21 and 25 of the Constitution of India. A
person respected and revered as a Saint is being termed as
terrorist. It is in these circumstances that we must grant the
reliefs as prayed.
4. There is an affidavit which has been filed in reply to this
petition by the Maharashtra State Bureau of Textbooks
(respondent no.1). All allegations have been denied and it is
stated that the textbook is printed and published after meticulous
planning and preparation. There are eight language subject
committees and eight non-language committees working in the
Bureau, which are entrusted with responsibility of preparing
manuscripts of all the textbooks based upon the syllabus
approved by the State Government.
5. In the affidavit in reply, in paragraphs 7 to 12, the deponent
states as under:-
“7. I say and submit that before any textbook is printed and
published, there is meticulous planning and preparation for the
textbooks. I say that there are eight language subject
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committees and eight non-language committees working in the
Bureau who are entrusted with the responsibilities of preparing
manuscripts of all the textbooks based upon the syllabus
approved by the State Government. I say that the expert
members are drawn from different levels of education, that is
primary, secondary, college, university and the literary world.
The teacher educators and educationists are also included as
members on the subject committees. I say that the academic
officer of the Bureau works as a member secretary of each of
these committees.
8. I say and submit that the syllabi and curricula is
prepared by the MSCERT (Maharashtra State Council of
Educational Research and Training, which is recently named as
Academic Authority for Maharashtra) along with the members
of the Bureau. I say and submit that this syllabi and curricula
prepared by the MSCERT and the Bureau is then sent for
necessary sanction to the Education Department of the State of
Maharashtra. I say that after obtaining the sanction, then the
Bureau undertakes the work of preparation of the textbooks.
9. I say and submit that within the Bureau, there are
different committees for different subjects. I say that the
members of the History subject committee, the members of the
History and Civic study group, the names of the Authors, etc.
are printed in the book. I say and submit that there is an
elaborate procedure before the preparation of any text book.
The copy of the page of the history text book showing the names
of the members of the different committees is Ann ‘A’.
Procedure at the time of preparing a textbook:
10. I say and submit that there is a committee for the
History subject consisting of members who are renowned in the
fields of education and the history subject. I say that the
curricula which is sanctioned by the Education Department of
the State of Maharashtra is then sent to this subject committee
who prepares a table-wise sheet of the contents of the chapters,
etc. I say and submit that this committee then holds
deliberations and contemplates as to who would be a writer for
the particular subject, in the present case the history subject,
and then names an expert and passes a resolution naming the
expert in the history subject to be a Writer for the history
textbook. I say that Dr.Ganesh Raut M.A. PhD, who is the Head
of the history department in H. V. Desai College, Pune was
named as a writer for this history subject. I say and submit that
the resolution to appoint Dr.Ganesh Raut as the writer for the
history subject was then sent to me as a Director and I have
given the approval for the same. The names of the History
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Subject Committee along with their qualifications is annexed
hereto and marked as Ann. ‘B’ hereto.
11. I say and submit that Dr.Ganesh Raut has prepared a
draft for the history subject and then submitted the draft to the
Bureau. I say and submit that, after the draft was submitted by
Dr.Ganesh Raut, it was put up before a separate History and
Civics study group consisting of 30 renowned people knowing
the history subject. The names and qualifications of this study
groups are annexed hereto and marked as Ann. ‘C’.
12. I say and submit that this study group then held a
collective reading of each and every sentence, remark, word,
coma etc. of the draft and then put up their own suggestions and
remarks on the said draft. I say that, as per the procedure, the
said draft, as approved, corrected and modified by the history
and civics study group was placed again before the main
committee for the history subject who read the entire text again
and prepared the text as per the suggestions and modifications
suggested by the history and civics study group. I say and
submit that the said approved text was then sent for scrutiny to
Dr.Bushan Phadtare Quality Reviewer M.A.PhD, Head of
Department of History of the Bharatiya Jain Sanghatana,
Wagholi, Pune and to Dr.Shrikanth Paranjape Quality Reviewer
and Civics Committee Chairman M.A.PhD, Ex-head of the
Defence Studies in the Savitribai Phule Pune University. I say
and submit that, after scrutiny, the reviewed text with remarks
and suggestions were again placed before the history subject
committee who then made the necessary corrections and sent
the said text for printing.”
6. Thereafter, it is stated that once the draft of the textbook of
History subject has been scrutinised, verified by a number of
experts in the subject and the book is not prepared hurriedly or in
a haphazard manner, then, this court should not interfere in writ
jurisdiction with a decision of this nature. In paras 14 and 15, it is
stated that the head of the History Department, H. V. College,
Pune, who was named as a writer, has referred to enormous
source of material on History. He has detailed the references and
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carefully perused and analysed them. It is thereafter that the
book was printed, published and distributed. In para 15, it is
stated that the Bureau has its offices at nine places all over the
Maharashtra, 22,45,000 copies of the History and Political
Science textbook have been printed and distributed. Now,
belatedly such a petition is filed. Further, the textbook has been
printed in different languages and it has been distributed to all
the aided and un-aided schools, including Zilla Parishad schools
all over Maharashtra and to nearly 19,44,124 students. The text
th
was published on 28 April, 2017. Thus, there is a gross delay in
filing the petition. In para 17, for the purpose of satisfying the
judicial conscience of this court, it is stated that extensive
material, which includes publications in the newspapers at the
relevant time and post assassination of the Late Prime Minister
Smt. Indira Gandhi, was referred at the time of preparation of the
script of the textbook. The opinions of eminent writers and
thinkers, as emerged in their writings were considered and also
inclusive of a book titled as “Operation Bluestar: The True Story”
scripted by Lt. General K. S. Brar and another books by eminent
authors. Then, it is incorrect to say that the book is published
without doing any research or reading any contemporary works.
Further, the context and backdrop in which the textbook included
this Chapter or reference is totally lost to the petitioner. The
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contents are of a History textbook for Standard IX students. It
informs them as to why the operation was carried out and in what
circumstances. Therefore, nothing much can be made of such a
publication and it is unlikely to influence anybody’s mind, much
less generate hatred and prejudice. For all these reasons, the writ
petition be dismissed.
7. On such a petition, we have heard Mr.Nedumpara appearing
for the petitioner and he says that we must also refer to the
rejoinder affidavit which highlights as to how Sikhs are revered
and respected all over the world for their calvary and valor. They
are known as warriors and their sacrifice and services to the
nation have been recognised and respected. It is in these
circumstances that the petitioner has moved this petition and in
complete good faith. The petition is not filed to gain publicity or to
foment or stir up a controversy on religious issues.
Mr.Nedumpara submits that Mr.Jarnailsingh Bhindranwale
was considered as a saint by the Sikh community. The
Government should consider the deletion of the offending portion
as the feelings of the Sikh community are hurt. Their pain and
anguish must be understood for a person respected by them is
defamed in this manner. He is a religious leader and his
description as a terrorist is likely to create an adverse impact. It
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may divide and create a rift between the Sikhs and others. It is
submitted that no sense of alienation should be felt by the Sikhs
and the community has always respected other communities.
The petitioner is a law abiding public spirited individual. For all
these reasons, Mr.Nedumpara would submit that the writ petition
be allowed.
8. Mr.Nedumpara has handed over written materials and also
the alleged offending portion of the subject textbook. He would
submit that there is contra material which would indicate that
Mr.Bhindranwale was respected as a religious leader. Hence, the
writ petition be entertained and allowed.
9. On the other hand, Mr.Thorat learned senior counsel
appearing for the respondents would submit that the writ petition
has no merit and must be dismissed. It is urged that this writ
petition filed by an individual cannot be considered to be
espousing the cause of entire Sikh community. The petitioner
cannot claim to represent the whole community. He has no locus
to speak authoritatively on the feelings of the Sikh community
just because he is one of them. The community is not before this
court in a representative capacity. Apart from that, the affidavit
in reply elaborates the process of scrutiny and verification
carried out by the experts before the material is sent for printing
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and the textbook is distributed. Once the allegations in the
petition are but a opinion of the petitioner, then, all the more this
writ petition should not be entertained. Further, this is the
second year of the publication and the textbook has already
reached the teachers, students and the managements of
educational institutions all over Maharashtra. Nobody has
complained about the contents nor anybody is offended. For these
reasons, he would submit that the petition be dismissed.
10. Before we consider the rival contentions, we must impress
upon all concerned that in matters of this nature and where the
power is conferred on a statutory authority to prescribe books
and make a syllabus, then, there is a certain latitude flexibility
and discretion conceded to them. The exercise of discretion in
such cases cannot be a subject matter of judicial review on all
occasions, save and except when there are clear situations of
abuse of such discretionary power. Unless the discretionary
power is abused to such an extent as is demonstrative of
arbitrariness and malafides, the court cannot interfere. In De
Smith, Woolf and Jowell: Judicial Review of Administrative Action
published by Sweet and Maxwell, on this aspect, the learned
authors have to say as under:-
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“Limitation inherent in the courts’ institutional
capacity
1-030 In respect of the institutional capacity of the
courts, there are some decisions which they are ill-
equipped to review-those which are not ideally justiciable
or, in other words, “not amenable to the judicial process”,
or indeed those which are better able to be determined by
other bodies, including Parliament.
Matters in relation to which the court lacks expertise
1-032 A second institutional limitation of the courts is
lack of relative expertise. Particularly as the review of
fact, or the merits of a decision is not routinely permitted
in judicial review, there are some matters which are best
resolved by those with specialist knowledge (such as
decisions about the ranking of university departments.)
Connected with the issue of expertise is that of risk-
assessment. National security is often said to be an area in
which the courts should not readily intervene, not merely
because the executive possess prime constitutional
responsibility in this area, but because they may be best
placed to assess, through their network of informers, the
risk of the dangers involved.
However, here too the court will no longer
unquestioningly accept the say-so of the executive or other
experts, and will properly intervene if the decision is based
on a material mistake of fact, or is otherwise illegal or
irrational.”
11. After perusing the writ petition, its annexures, the affidavit
in reply and rejoinder together with their exhibits, we agree with
Mr.Thorat. We feel that the writ petition should be dismissed.
1
12. In the case of Basavaiah (Dr.) vs. Dr.H.L.Ramesh and Ors. ,
a decision heavily relied upon by Mr.Thorat, the Hon’ble Supreme
Court has held that the courts have to show deference and
consideration to the decisions of the expert committees
consisting of distinguished persons in the field. Once the matter is
1 (2010) 8 SCC 372
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of research, study and an academic exercise based thereon being
carried out, then, the writ court should not interfere. The
judgment of experts and academicians cannot be substituted by
our opinions and judgments. As far as such bodies are concerned,
in academic matters, at least their views and opinions deserve
due respect and regard. Of-course, there are exceptions to this
general rule, but the exceptional circumstances have to be
established and proved by cogent and reliable material.
13. In the instant case, without reading the Chapter as a whole
and by referring and relying on a part thereof, the allegations are
made. In the textbook prescribed for Standard IXth by the
Bureau on the subject of “History and Political Science”, there are
several Chapters. Under the broad heading “India after
Independence”, there are Chapters, namely, “Sources of History”,
“India: Events after 1960”, “India’s Internal Challenges”,
“Economic Development” and “Education”. Therefore, Chapters 1
to 10 include a Chapter each on “Empowerment of Women and
other Weaker Sections”, “Science and Technology”, “Industry and
Trade” etc. In such a comprehensive study material, there is one
Chapter which discusses India’s internal challenges. The Chapter
intends to inform the students that the country is facing
enormous internal challenges like separatist movements, issues
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of north-east India, naxalism, communalism and regionalism.
While referring to the unrest in Punjab, the demand for
Independent State/Khalistan, all the events are set out. The
name of Saint Jarnailsingh Bhindranwale is mentioned with
reference to his support for the Khalistan movement. Thereafter,
the arrest of Bhindranwale is referred after there was a violent
incident in 1981 in the State of Punjab. The worsened situation
and its details are given. It is in that context, the Operation Blue
Star is referred to and it is termed as a military expedition taken
up with a particular objective. That is how it is described as an
operation. The Operation Blue Star was undertaken to evict the
terrorists hiding in the Golden Temple. It is in this context that
we must read the alleged offending sentences and we do not see
any insulting or irreverential reference therein to anybody much
less Shri.Bhindranwale. The contents of the Chapter do not term
him as a terrorist. If the Chapter is read as a whole and
harmoniously, the alleged offending portion is perused in its
entirety, then, we do not find anything therein which would hurt
the religious sentiments of the Sikh community.
14. We agree with respondent no. 1 that the Chapter contains
reference to several events posing challenges to India’s internal
security. It is in these circumstances and while informing the
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students about several movements, including naxalist, the
attempt is to identify internal challenges. Thus, a broad picture is
painted before the reader and he/she is not likely to be influenced
eitherway. It is not a one-sided version. It gives a balanced
picture. It is a study material and prescribed for a student of IXth
Standard who will taking the examinations. We do not think that
in such a material we should read something more and
particularly as suggested by Mr.Nedumpara.
15. None of the grounds in the writ petition, therefore, impress
us. We are not in agreement with Mr.Nedumpara that a Saint is
projected as a terrorist. It is merely a reference to the operation
carried out in the Golden Temple. The source material procured
from within India and abroad has been carefully studied and
analysed and based on that, the contents are prepared. If viewed
broadly and particularly in the backdrop of the duty and function
of a Bureau preparing the prescribed textbooks for school going
students, all the more we do not think that this is a fit case for
interference in writ jurisdiction. We do not find any merit in the
writ petition and it is dismissed. There would be no order as to
costs.
(SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.)
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