New Delhi, May 20: The Supreme Court today stayed a Bombay High Court order allowing the Maharashtra police to investigate into an FIR against US-based author James Laine and Oxford printing press for publishing alleged derogatory reference to Maratha King Chhatrapati Shivaji in a book. Staying the probe into the case, a bench of Justice Ruma Pal and Justice D M Dharmadhikari also issued notice to the state of Maharashtra on a special leave petition (SLP) filed by the publishers of the book titled "Shivaji - Hindu King in Islamic India" and posted the case for hearing after vacation.
Petitioners' counsel Ram Jethmalani and Kamini Jaiswal contended that no offence was made out against the author, printer and publisher of the book under Section 153 and 153-a of IPC (making wanton and malacious comments for the purpose of inciting violence between people of different religions and classes).
On May 6, the Bombay High Court had vacated the stay on the investigation and allowed the police to probe the matter within three months and submit a report to the court after government counsel said that the police would not arrest the printer and publisher of the controversial book without prior permission of the court.
According to Maharashtra government, besides Shivaji, the author had also made defamatory references to Jijamata which was also highly objectionable. Jijamata is revered by people of Maharashtra and the book hurt their sentiments, it contended. Bureau Report