INDIAN EXPRESS NEWSPAPERS BOM PVT LTD Vs. JAGMOHAN

JUDGEMENT

(1.) This Notice of Motion is taken out by the plaintiffs against the defendants for restraining by an order and injunction of this Court from in any manner distributing, circulating or releasing or offering the movie 'Kamla' produced by the first defendant in any manner for public or private exhibition at any theatre, cinema, movie hall, etc. In India and for ordering the defendants to deliver up all the prints and copies, scripts, trailers, documents and all other materials, articles and things pertaining to the said film Kamla for destruction and also for appointment of the Court Receiver or some other fit and proper person as receiver of the script, prints, trailers, copies, stills, documents, publicity materials and all other materials, articles and things relating and pertaining to the movie Kamla.

(2.) The first plaintiff company publishes several newspapers, including the daily 'Indian Express'. The Indian Express is published from several cities in India, including Delhi and is claimed to have largest combined circulation amongst all the daily newspapers in the country. The second plaintiff is a journalist working for the first plaintiff company. He did some extensive research and investigation into the flesh trade that flourished in Madhya Pradesh (M.P.) and purchased a woman by name Kamla from village Shivpuri in M. P. for Rs. 2,300/-. He then wrote series of articles which were published by the first plaintiff in the issue of Indian Express Dt. 27th, 29th and 30th April, 1981 and 2nd May 1981. The article Dt. 25th was published in the issue of 27th April, 1981 under the heading 'Buying girls from circuit house' and was described as express special. It narrated in detail the efforts of the second plaintiff in approaching the right persons, resistance faced by him, the circumstances under which he decided to buy a woman so as to expose the flesh trade, the manner in which the deal was struck, as to how the woman Kamla was brought to New Delhi and as to how the second plaintiff escorted the woman to his residence at New Delhi. This article opened with these words : -

(3.) On 29th April, 1981 itself the M.P. Government issued a clarification stating that the offence registered by the police in connection with the flesh trade was not directed against Ashwini Sarin. However, on 29th itself the Delhi Police went to Arya Samaj Home where Kamla was admitted to arrest her. On learning this, the second plaintiff and two others viz. Coomi Kapoor and Arun Shourie of the Indian Express filed a Writ Petition in the Supreme Court for various reliefs, including a direction to the authorities to take steps to check the racket in sale and purchase of girls. The Division Bench of the Supreme Court consisting of Justice P.N. Bhagwati and Justice K. Varadarajan, while issuing notice to the Union of India and the Governments of M.P., U.P., Rajasthan and Delhi directed that Kamla should not be removed from Arya Samaj Home till disposal of the case or till another suitable home was found for her. Efforts to find out a suitable home for Kamla continued till November 1981, but before she could be transferred to another home, she was found missing from Pataudi House, Daryaganj Orphanage, as stated in the news report Dt. 24-11-1981 published in the Indian Express. As per news report Dt. 25-11-1981, Kamla remained untraced. As per the news report Dt. 1-2-1982, the Supreme Court directed the Commissioner of Police Delhi to try his best to trace Kamla and report to the Supreme Court by March 15th the progress of the investigation into the disappearance of Kamla from the orphanage. But Kamla was not traced.