BINOO K JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition trader Art.226 of the Constitution the petitioner, who is the correspondent in Kerala for 'Sunday' a weekly news magazine, published from Calcutta by Ananda Bazar group of publications, has prayed for the issue of a writ in the nature of mandamus directing the respondents to allow the petitioner to interview M/s. Vellathooval Stephen and Somaduttan, two Naxalite prisoners, housed in the Central Prison at Trivandrum.

(2.) Before considering the merits of the case, I shall state the law governing the issue.

(3.) The freedom of the press is nothing but the freedom of the citizen guaranteed under Art.19(l)(a) of the Constitution. This fundamental right, however, is not absolute although the liberty of the press is essential for the smooth functioning of a democratic system of Government. The freedom of the press therefore, is not higher than the freedom of a citizen. It is subject to the same restrictions as are imposed on a citizen by Art.19(2) of the Constitution. In other words, subject to such restrictions that may be imposed under Art.19(2), the fundamental right guaranteed under Art.19(l)(a) carries with it the right to publish and circulate one's own ideas and views. (Vide Sakal Papers (P) Ltd. v. Union of India, AIR 1962 SC 305 ).