SANTOSH KUMAR GUPTA Vs. K P SINGH DEV

JUDGEMENT

(1.) THE petitioner aged 25 years is a student of M. B. B. S. He is residing at Chetakpuri, Gwalior. He has filed this public interest litigation and is aggrieved against the manner in which obscene display of female figure is being made by newspapers, magazines and other video medias. According to him these publications are offensive to decency, modesty and are lewd and repulsive. All publications to which reference has been made in the petition are being published from places which do not fall within the State of Madhya Pradesh. However, this is not the ground for rejecting this public interest litigation because these publications appear to be available in this State as some of these form part of the record of this petition.

(2.) SO far as the locus standi of the petitioner to move this Court by way of public interest litigation is concerned, there is no doubt about it. Such a right was recognised in the case of R. v. Commissioner of Police of the Metropolis. Ex parte Blackburn, (1976) 1 SLR 550. Lord Denning makes a reference to this in his book 'the Discipline of Law', London Butterworths, 1979. This was a case where one Mr. Raymond Blackburn, a former Member of Parliament sought intervention of Court on the ground that cinematographic films were being exhibited in the area of Greater London Council and these were having a telling effect on the society. It was his contention that he has children who may be harmed by the exhibition of these films. At page 126 of the book there is a quotation from the judgment in R. v. Commissioner of the Metropolis (supra) which is reproduced below :

(3.) THUS the petitioner does possess locus standi to institute public interest litigation. But the question is which is the appropriate forum. Answer is that the petitioner must resort to the remedies which are amply provided for by the Parliament and State Legislatures in various statutory provisions. This Court is hardly a forum for seeking relief sought or by the petitioner.