AKHILA PUBLISHERS PVT LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these writ petitions, presented by the publishers of certain magazines questioning the legality of the seizure of all the copies of certain issues of the magazines the following question of law arises for consideration:

(2.) Briefly stated, the facts of the case are these:

(3.) In each of the petitions, the concerned petition has stated that the magazine contains educative and instructive material and the magazines have got very wide circulation and that respectable people have contributed articles to the magazines, and the nude photographs of a man and a woman in compromising position printed in the magazine are not obscene within the meaning of the definition of that word in Section 292(1) of the I.P.C. and that articles and writings in the magazines were intended to provide Sex-education. Their main plea is that the Police had acted arbitrarily in seizing the magazines and thereby the valuable right guaranteed to the petitioners, namely, the freedom of speech and expression under Article 19(l)(a) of the Constitution which includes the freedom of the press and freedom to circulate their magazine as also the liberty of publishing such material which flows from Article 21 of the Constitution, has been deprived. In support of their submission that freedom of speech and expression guaranteed under Article 19(1) (a) of the Constitution includes the right of publication of books and magazines, the learned Counsel for the petitioners relied on the judgment of the Supreme Court in SAKAL PAPERS (P) LTD v. UNION OF INDIA-(AIR 1963 S.C. 305.)