STATE Vs. CHARULATA JOSHI

JUDGEMENT

(1.) One Babloo Srivastav is in judicial custody in a case under section 302 read with section 120B of the Indian Penal Code. On October 20, India Today, a newsmagazine, moved an application for permission to interview him and to take his photographs. The learned trial judge allowed the said application by passing the following order:

(2.) The State, finding the order not acceptable, has preferred this petition.

(3.) Mr.S.K.Aggarwal who has put in appearance on behalf of the State, has assailed the legality of the order on two grounds. As per him the order could not be passed without notice to and at the back of Babloo Srivastava and without his consent. His second contention is that the publication of the interview would amount to commission of Contempt of the trial court.