Application to High Court to set aside declaration of forfeiture
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Summary
Anyone with an interest in a newspaper, book or document declared forfeited may apply to the High Court within two months of the declaration's publication in the Official Gazette, arguing the issue did not contain the prohibited matter. A Special Bench (three Judges if the High Court has three or more Judges; otherwise all Judges) hears the case and may admit copies of the item as evidence. If the High Court is not satisfied the prohibited matter was present it will set aside the forfeiture. If the Bench is split, the majority view prevails.
Example
Priya owns part of a local weekly that was declared forfeited and the declaration appeared in the Official Gazette. Within two months she applies to the High Court saying the issue did not contain the prohibited matter. The Special Bench examines copies of the paper and, not finding the prohibited content, sets aside the forfeiture.
Bare Act
Enacted text(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in Sub-Section (1) of section 95.
(2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
(3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in Sub-Section (1) of section 95, set aside the declaration of forfeiture.
(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.
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