Ex parte Choudhury — An Opportunity Missed
The question before the Divisional Court in Ex parte Choudhury' was whether 'The Satanic Verses' amounted to a blasphemous or seditious libel. In respect of the former, the draft summons by Mr Azhar accused the author, Salman Rushdie and Penguin Books of publishing or causing to be published 'The Satanic Verses,' said to be a scurrilous attack on the religion of Islam and Christianity, and as such a blasphemous libel contrary to the common law of England. It also alleged the publication to be a seditious libel in that the content of 'The Satanic Verses' raised widespread discontent and dissatisfaction among Her Majesty's subjects, also contrary to the common law of England. The Chief Magistrate at Bow Street Magistrates' Court had decided that 'The Satanic Verses' was neither a blasphemous nor a seditious libel. Mr Azhar sought an order of certiorari quashing this decision and an order of mandamus to direct the magistrate to the relief sought. In a single judgment delivered by Watkins LJ, the Divisional Court refused both orders and confirmed the decision of the Chief Magistrate, stating that: