KHUSHWANT SINGH Vs. MANEKA GANDHI

JUDGEMENT

(1.) He that publishes a book runs a very great hazard, since nothing can be more impossible than to compose one that may secure the approbation of every reader" rightly observed Miguel De Cervantes.

(2.) Two competing interests of a well-known author to publish his autobiography where references have been made to personal lives of a public figure and the public figure's claim for protection against such publication under her rights of privacy has given rise to interesting questions of law in the present appeal.

(3.) Mr. Khushwant Singh, appellant No.1 is a well-known author. He was desirous of publishing his autobiography and the same was proposed to be published in a book titled "Truth, Love and a Little Malice". The book was to be published and distributed by appellant no.2. The book is stated to contain a chapter under heading "Gandhis and Anands". Respondent, a public figure, is aggrieved by the contents of this chapter. The broad contents of this chapter are claimed to be known to the respondent in view of certain advance promotion/publication in magazines in respect of this autobiography though the full contents are not known. "India Today" magazine, in its issue of 31/10/1995, published an authorised and exclusive extract of the said autobiography. The said extracts purported to give an account of respondent's relationship with the Gandhi family and relationship inter se other members of the family.