Why you'll soon be able to import Salman Rushdie's The Satanic Verses

New Delhi: In a strange turn of events, the Delhi High Court is likely to pass an order allowing anyone to import Salman Rushdie’s book. Satanic VersesIts import into India was banned in 1988. What is the reason for this relaxation? The Central Board of Indirect Taxes and Customs (CBIC) is unable to locate the original notification banning its import.

The Delhi High Court is hearing a writ petition challenging the constitutional validity of CBIC’s 2019 notification banning imports. Satanic Verses. The import of the book was banned due to the claim that it was blasphemous.

In the plea, petitioner Sandipan Khan asked the court to order CBIC’s 1988 notification (No. 405/12/88-CUS-III) dated 5 October and issued on 6 October 1988 to all state governments and Union territories to ban imports Satanic Versesit was ultra videosor “beyond the powers” of the Constitution of India.

However, the problem facing the CBIC is not the constitutional validity of the notification, but the location of the notification in the first place.

The matter first came to hearing on May 6, 2019. After six adjournments during which the matter was not heard, the court informed the lawyer representing the CBIC on May 10, 2022 that he had been given the “last and final opportunity to present evidence.” the specific notice challenged”.

On September 8 the same year, counsel representing the CBIC requested more time “to obtain instructions and serve the relevant notice relied upon by the respondent (CBIC) to prevent the petitioner from importing the book in question.”

Later in November 2022, the court observed that the CBIC lawyer “stated that the notification dated 05.10.1988 was untraceable and therefore could not be produced.”

“He is looking for one last opportunity to trace the file in question,” the court said. “The defendant will also file a declaration regarding the procedure to be adopted in the event of loss or misplacement of legal notices.”

However, when the matter was brought up again on January 11, 2023, the defendants still could not find the notice and requested more time.

On May 24 this year, the court discussed the matter again. This time, the CBIC recorded in an affidavit that it could not locate the notification. But he failed to provide the affidavit requested by the court, specifying what to do if legal notices are lost or misplaced. The court was harsh on this error.

“We are informed by the petitioner’s counsel that the position of the respondents as stated in the affidavit is that the said notification is untraceable,” the court said. “It should be noted that, by way of the aforesaid order, the coordinating panel directed the respondents to file an affidavit setting out the procedure to be followed in case the legal notices remain untraceable… a final opportunity has been given for this purpose.”

The last hearing in the matter took place on Tuesday and the final verdict is yet to be uploaded on the Delhi High Court website.

However, ThePrint learned that the court said that the notification was rendered ineffective as its location could not be ascertained and the petitioner and everyone else were allowed to import. Satanic Verses.

This report will be updated once the final order is published.

(Edited by Nida Fatima Siddiqui)

Also Read: Why does Salman Rushdie’s The Satanic Verses remain so controversial after more than 30 years?

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