Rushdie’s The Satanic Verses Finds Freedom: Delhi HC Lifts Ban as Original Notification Goes Missing

In a recent decision, the Delhi High Court concluded proceedings on a petition challenging the 1988 decision to ban the import of The Satanic Verses, a novel by Salman Rushdie. Filed by Sandipan Khan, the petition sought to annul the ban imposed under a notification by the Central Board of Indirect Taxes and Customs. However, the High Court ruled the petition as "infructuous," noting that authorities had failed to provide a copy of the original notification, leading the court to presume its non-existence.

​​​​​The court’s order, passed on November 5, 2024 by a bench led by Justice Rekha Palli and also comprising Justice Saurabh Banerjee, emphasized the unusual circumstance of the notification's untraceability despite multiple attempts to retrieve it. The petitioner had been attempting to import the novel but was impeded by the ban. He requested relief, including "a writ in the nature of a declaration," stating that the ban was void and that he should be permitted to import the book from international sellers.

The Bench noted that none of the respondents, including the government authorities and the Central Board of Indirect Taxes and Customs, could produce the 1988 notification. The court observed, “none of the respondents could produce the said notification dated 05.10.1988 with which the petitioner is purportedly aggrieved," acknowledging the authorities' inability to trace the notification since the filing of the petition in 2019. As a result, the bench found it had "no other option except to presume that no such notification exists," thus ending the legal validity of the ban on importing The Satanic Verses.

Case Details- Sandipan Khan vs. The Chairman Central Board of Indirect Taxes and Customs.

Advocates for Petitioner - Mr. Uddyam Mukherjee, Mr. Swapnil Pattanayak

Advocates for Respondents- Mr. Anurag Ojha Sr. Standing Counsel for R1 and R2 with Mr. Subham. Kumar. Mr. Ravi Prakash, CGSC, Ms. Taha Yasin, Mr. Yasharth