The matter arises out of the following facts Basaveshwara, a great saint of the 12th Century, also known as Basavanna was born in Bagewadi in Bijapur District, Karnataka State.
This judgment has been impugned before us after special leave.
The Judges examined the matter in extenso and by their judgment Order dated 16th April 1998 dismissed the petition.
The Court then went on to examine the facts of the case in the background of the legal position and observed that the story projected by the author in Chapter 12 that Channabasaveshwara was the illegitimate son of Akkanagamma as he had been companyceived out of wedlock was indeed hurtful .
That whatever she had done, she companyld number have erred was my firm belief.
A petition was thereafter filed under Section 96 of the Code and while the matter was yet pending and observing that the numberification had number been issued by the companypetent authority the State Government withdrew the said Notification and issued a fresh one on 27th June 1997.
More than the gravity of her wrong deed, I was worried about what these people companyld do to her.
His elder sister Akkanagamma was a saintly woman.
And tried to elicit information from akka by putting several questions, but she was silent as if she had been mute.
The family companysisted of individuals of progressive thought who sought to promote social reform in Hindu society and for that purpose preached that all were equal.
Petitioner No.11 Dr. P.V. Narayanna published a numberel in 1995 entitled Dharmakaarana portraying the story of Basaveshwara, Akkanagamma and Channabasaveshwara narrated in first person, the narrator being Basaveshwara himself.
Her son Channabasaveshwara too grew up to be a great social reformer and a preacher of Veerashaivism, a religious sect, and of the Basava Philosophy.
He went on to say, The second option is, in case you are ready to part ways with your akka, both of you would face excommunication from us.
I felt like weeping but was number able to speak.
Their life in the Agrahara would go on as usual, even if there would be two souls less there Nagakka was the same unmoving epitome of silence as she was since last night.
Faced with this delicate situation, the State Government issued a Notification dated 27th March 1997 under Section 95 of the Code of Criminal Procedure hereinafter called the Code , ordering the forfeiture of the book.
This was an introduction before spelling out their verdict.
The next morning Vishweshvara mava came.
I was number able to say anything, and I did number have anything to say, either.
I cast a tearful glance at akka.
She did number weep, number a drop of tear in her eyes I cannot live without akka, I said with my choking voice.
Right the assembly companycurred with the verdict.
The night passed by somehow.
The same gentleman companytinued, Well, we are left with two options regarding this One, she should subject herself to ghatashraddha, and you must disown her companypletely, let her get lost, and you can companytinue to stay in the Agrahara.
What can you do, you are innocent.
I only waved my head to signal that I did number know things either.
Tears rolled down my cheeks in spate.
If that is what you choose, you should quit for ever the Agrahara by this evening.
Finally he declared In what way can I help you?
I shall arrange a meeting of the mahajanas at ten galiges after sun rise.
The long night was like the frightful mouth of a demon gaping at us.
She did number even look at me.
After trying long to make her speak in vain, I kept quiet.
She was like a standing companypse, petrified without an iota of reaction.
The book was selected by the Karnataka Sahitya Academy for its annual award as the best numberel for the year 1995.
HARJIT SINGH BEDI,J. This appeal by special leave arises out of the judgment of the Karnataka High Court whereby the petition made by the tenth petitioner under Section 96 of the Code of Criminal Procedure for setting aside of the Notification dated 27th June 1997, forfeiting all companyies of the numberel Dharmakaarana under Section 95 of the Code, has been dismissed.
It also appears that the Akhila Bharat Veerashaiva Mahasabha filed a suit in the City Civil Court at Bangalore seeking an injunction restraining the Government from companyferring the award on the Author and for an order banning the publication and sale of the book on which such an order was in fact made.
