Published on: 23 November 2022 at 23:04 IST
The court in Bengaluru prohibited the sale and distribution of the Kannada book “Tippu Nija Kanasugalu,” which is alleged to contain slurs directed at the Muslim community.
The order was issued by Additional City Civil and Sessions Judge JR Mendonca in response to a lawsuit brought by Rafiulla BS, the former Chairman of the District Wakf Board Committee.
In the suit, Rafiulla BS claimed that the book misrepresents history and that “Azan,” which is the religious practice of the Muslim community, was omitted from the book in a way that was intended to hurt the feelings of the Muslim community, which is the religious practice.
“If the play is false and contains false information about Tippu Sulthan (sic), and if it is distributed, the plaintiff would suffer an irreparable loss, there is a risk of a breach of communal harmony, and there is a threat to public peace.”
“The application’s purpose would be defeated if the book is distributed while the defendants are in court.It is well-known that the controversial books are extremely popular.”
Thus, “the balance of convenience is in favor of the plaintiff at this stage in granting the order of injunction as below,” the Court ruled.
In his lawsuit, the plaintiff argued that the book contains inaccurate information without any historical justification or support. He said that the book doesn’t say where the author got the information from.
Additionally, it was argued that the author published the book based solely on his own interpretation of the facts and without any knowledge of the history.
In addition, it was argued that the erroneous portrayal of “Azan” and the use of the term “turukaru,” which is a slur directed at the Muslim community, could result in communal strife and conflict.
The Court noted that the book claimed in its foreword and preface that it presents the correct version of history and that the information in actual historical books and what is taught in schools as history is false.
The Court stated that the plaintiff would be entitled to interim relief as a result.
“The author’s assertions would presumptively demonstrate that the plaintiff has a prima-facie case to grant the order of temporary injunction outlined below.”
“The play’s contents, according to the plaintiff, are false and devoid of accurate facts. The author asserts that the facts presented in the play are based on true history to reveal Tippu Sulthan’s true nature, in contrast to what is presented in the history and textbooks about the character.”
The Court stated, “This must be proven by the defendants Nos. 1 through 3 during the trial.”
As a result, the defendants Addanda C. Cariappa, Ayodhya Publication, and Rashtrotthana Mudranalaya were prohibited by the court from selling or distributing the book, even online.
However, the Court stated that the defendants are free to store already printed books and print the book at their own risk.