India's ban on Salman Rushdie 'The Satanic Verses' may end -- thanks to missing paperwork

Salman Rushdie poses for a portrait at the Deutsches Theater in Berlin, Germany, Thursday, May 16, 2024. (AP Photo/Ebrahim Noroozi)

NEW DELHI -

The decadeslong ban of Salman Rushdie's "The Satanic Verses" in his native India is now in doubt -- not because of a change of heart more than two years after the author's near-fatal stabbing, but because of what amounts to some missing paperwork.

Earlier this week, a court in New Delhi closed proceedings on a petition filed five years ago that challenged the then-government's decision to ban the import of the novel, which enraged Muslims worldwide because of its alleged blasphemy, just days after its 1988 publication. In a ruling issued Tuesday, according to the Press Trust of India news agency, a bench headed by Justice Rekha Palli said authorities had failed to produce the notification of the ban.

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"We have no other option except to presume that no such notification exists," the judges concluded.

The petitioner, Sandipan Khan, had argued that he couldn't buy the book because of a notification issued by the Central Board of Indirect Taxes and Customs on Oct. 5, 1988, which forbade its import into India, adding that he was unable to locate the notification on any official website or through officials. Khan's lawyer, Uddyam Mukherjee, said that the court's ruling meant that as of now, nothing prohibits anybody from importing the novel into India.

"But whether this means it will be sold in bookstores -- I don't know, that depends on the publishers or sellers," he told The Associated Press.

When reached by phone, several bookstores in the country's capital were unaware of the news. An employee of Jain Book Agency in New Delhi said that they did not know whether this news meant that the novel would be available again in stores in India, adding that if that was the case, it could still take time and that they would need to hear from the publisher.

"What the ruling does is open up a potential path for the book to become available here," Mukherjee said, but added that any aggrieved individual, group or the government can also appeal against it.

Rushdie's literary agent, Andrew Wylie, declined comment to the AP. Rushdie, now a citizen of the United Kingdom and the United States, has yet to comment publicly. He has more than 1 million followers on his X account, on which he last posted in September.

Rushdie's U.S. publisher, Penguin Random House, issued a statement Friday called the ruling a "significant new development" and adding that it was "thinking through next steps." The author's publisher in India, Penguin Random House India, did not immediately respond to a request for comment.

This week's ruling adds a new twist to Rushdie's complex relationship with India, where he was born in 1947, just before the country's independence. He left as a child and was living in the United Kingdom at the time of his breakout novel, "Midnight's Children," which came out in 1981 and infuriated India's prime minister at the time, Indira Gandhi, who was satirized in the book. After she sued over a reference to her having caused her husband's death, Rushdie agreed to remove it and the case was settled.

When India banned "The Satanic Verses," Rushdie condemned the action and doubted whether his censors had even read the novel. In an open letter to then-Prime Minister Rajiv Gandhi, published in The New York Times in 1988, he alleged the book was "being used as a political football" and called the ban not only "anti-democratic, but opportunistic." Over the years, Rushdie has made private trips to India and attended the Jaipur Literary Festival in 2007. But five years later, he canceled plans to attend the Jaipur gathering because of security concerns. The festival did not immediately respond to a request for comment on the ruling.

Besides the ban in his native country, "The Satanic Verses" elicited a fatwa calling for Rushdie's death from Iran's Ayotollah Ruhollah Khomeini, forcing the author into hiding in 1989. He gradually resumed a normal life, especially after Iranian officials announced in 1998 that the government had no plans to enforce it. But his relative calm abruptly ended in 2022, when he was stabbed repeatedly onstage by a young assailant during a literary festival in western New York. Rushdie survived the attack, which left him blind in one eye, and wrote about it in the memoir "Knife," a finalist this year for the National Book Award.

On Friday, Khan's lawyer said that his client was an avid book reader driven to find answers after he found out the novel was banned. He filed numerous requests for information with various authorities -- and tried for over a year to get a hold of the notification. Mukherjee said Khan was told by authorities that it was not traceable.

"When we realized there was no hope, we proceeded to go to court and challenge the notification," Mukherjee added.

The court also said that Khan has the right under law to procure this book. So how does he plan to get it now?

"He doesn't have a clear answer to this yet -- if it becomes available in India, he will buy a copy of it," Mukherjee said. "But he can also potentially buy it from international booksellers online, as it's no longer illegal to import the book into the country."

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Italie reported from New York. Associated Press journalist Chonchui Ngashangva in New Delhi contributed to this report.