The Supreme Court on Friday dismissed a Public Interest Litigation (PIL) petition seeking a ban on Salman Rushdie's polemical book ‘The Satanic Verses’ [Mohd. Arshad Mohd. Jamal Khan & Ors. v. Union of India & Ors.].
A Bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing plea challenging a Delhi High Court order in the matter.
The High Court had observed that, since the authorities were unable to produce a 1988 notification imposing a ban on the book, it must be presumed that no such order was ever in force.
This was after the Central Board of Indirect Taxes and Customs informed the High Court that the 1988 notification banning the book’s import could no longer be traced.
Effectively, this meant that the 36-year-long ban on the import of the book was lifted since it was presumed to have never existed.
This led to a plea before the Supreme Court seeking a ban on the book. The petitioners, three individuals, argued that the Delhi High Court failed to consider that the book contains offensive and blasphemous material, including references to Prophet Muhammad as “Mahound,” depictions of his wives as prostitutes, and mocking portrayals of Islamic history.
They submitted that such content gravely insults the sentiments of more than 200 million Muslims in India and could cause incitement and public outrage.
The plea also highlighted derogatory references to Hindu deity Lord Ganesha, which, they contended, offend Hindu religious sentiments as well.
"The book uses dream sequences where characters resemble or allude to prophets, gods, and sacred figures. However, it directly and disrespectfully portrays the Ganesh-mask scene as disrespectful to Hindu gods," petition said.
The petitioners added that the freedom of speech under Article 19(2) of the Constitution is subject to reasonable restrictions in the interests of public order, decency, morality, and foreign relations. They maintained that deliberate insults to religion with malicious intent have a direct tendency to disturb public peace, justifying restrictions.
The petition also recalled that the book’s earlier circulation had triggered violent protests in India and abroad, caused diplomatic strains such as Iran’s severing of ties with the United Kingdom (UK) in 1989, and even led to attacks on translators and publishers worldwide.
It was further argued that unchecked circulation could disrupt communal harmony domestically and harm India’s relations with Islamic nations, particularly Iran, which is now a strategic partner in BRICS.
The petitioners added that copies of the book were recently found on sale in Mumbai’s Flora Fountain market and were even available online, with one petitioner successfully purchasing a copy via Flipkart in July 2025. This, they argued, showed that the ban was no longer in force.
On these grounds, the petition sought for directions to prohibit the sale, distribution, and circulation of the book in India.
The Supreme Court, however, declined to entertain the plea.
The petition was filed through Advocate-on-Record Chand Qureshi.