K. K. JOSHWA Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:-

(2.) Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the additional 4th respondent, who is arrayed as the respondent in Exts.P3 and P4 complaints filed by the petitioner.

(3.) The crux of the case is centered on publication of Ext.P2 - a book by name 'Nirbhayam', written by the 4 th respondent and published by Green Books, Thrissur run by the 2nd accused as the Managing Editor. The specific case of the petitioner, as espoused in Ext.P3 filed before the Station House Officer, Mannathala Police Station and Ext.P4 filed before the District Police Chief, Thiruvananthapuram is that in Page Nos.209 to 227 of the book by name 'Nirbhayam' a chapter of having caption "Sooryanelli Case" is incorporated which relates to the rape of a minor girl by number of accused persons during 1996. The specific allegation is that in the above said book, the author of the book revealed the identity of the rape victim with exact details though her name was not specifically disclosed. It is alleged that in the book, names, address and all the details of the parents of the victim disclosed with certainty and thereby the 4 th respondent committed an offence punishable under Sec. 228A of IPC providing imprisonment for a period upto two years and shall also liable to fine. Accordingly, Ext.P3 complaint was filed before the Station House Officer and Ext.P4 before the District Police Chief. Ext.P2 produced in this writ petition, is the exact page of the said book containing the recitals that would disclose the identity of the rape victim, as per the contentions raised by the writ petitioner.