LAWS(KAR)-1998-4-16

HIGH COURT OF KARNATAKA Vs. STATE OF KARNATAKA

Decided On April 02, 1998
HIGH COURT OF KARNATAKA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) TAKING cognizance of two news items published in the Times of India dated 11-1-1996 in its Bangalore Edition, a learned Judge of this Court initiated suo motu action directing the Registrar General to register his order of reference as Writ Petition and obtain appropriate orders from the Chief Justice for allocation of Court. In his order of reference, the learned Judge found that there was virtual break-down of law enforcement machinery which was found reflected because of the alleged rise of crime in the city of Bangalore.

(2.) VIDE Court order dated 29th May, 1996 notices were issued to the respondents. On 12th July, 1996 this Court felt that notice should also be issued to the Chairman of the Bar Council of Karnataka to assist the Court in adjudicating the powers, limitations and extent of this Court in exercise of Writ Jurisdiction in public interest litigation initiated suo motu. Notice was also issued to the Resident Editor of the Times of India, Bangalore.

(3.) IN his reply, the 5th respondent has submitted that the news items were published on the basis of the information collected by his Reporter. It is further submitted that the aforesaid news items were published in all other newspapers published from Bangalore. The publication is claimed to be bona fide and not intended to harm any person or authority. It is claimed that the publication of the news items was in furtherance of the right of freedom of speech and expression and was not the result of reckless publication without any basis.