Description

Right to Appeal Against Declaration of Forfeiture:

Any person having an 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 of such declaration in the Official Gazette, apply to the High Court to set aside the declaration. The grounds for such an application shall be that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any matter as referred to in Sub-Section (1) of section 95.

Procedure:

• Every such application shall be heard and determined by a Special Bench of the High Court.
• If the High Court consists of three or more Judges, the Special Bench will be composed of three Judges.
• If the High Court consists of fewer than three Judges, the Special Bench will include all the Judges of that High Court.

Evidence:

• During the hearing of such an application, copies of the newspaper may be presented as evidence to help prove the nature or tendency of the words, signs, or visible representations contained in the publication for which the forfeiture declaration was made.

Decision:

• The High Court shall set aside the declaration of forfeiture if it is not satisfied that the issue of the newspaper, book, or other document in question contained any matter as referred to in Sub-Section (1) of section 95.
• If there is a difference of opinion among the Judges of the Special Bench, the decision will be based on the majority opinion.