R K KARANJIA Vs. SEWAK RAM SOBANI

JUDGEMENT

(1.) THE three Criminal Revisions Nos. 701 of 1977 (R. K. Karanjiya and Ors. Sewakram Sobhani), 105 of 1978 (R. K. Karanjiya and Ors. v. Sewakram Sobhani) and 103 of 1978 (R. K. Karanjiya and Ors. v. Sewakram Sobhani) are being disposed of by this common order.

(2.) TO state the facts, the applicant No. 1 is the Editor of Weekly 'blitz', which is published from Bombay and the rest of the applicants are connected with the 'blitz' publication in one capacity or the other. The 'blitz' Weekly is published in three languages viz. English, Hindi and Urdu.

(3.) DURING the period of Emergency between June, 1975 and March, 1976. the non-applicant Sewakram Sobhani was a 'misa' detenu and was lodged in the Bhopal Central Jail. Also were lodged in the same Jail two lady de-tenues viz. Sm. Uma Shukla and Smt. Ramkal Mishra, Advocate. The husband of Smt. Shukla is a practising Advocate at Bhopal but he was not a detenu. It is undisputed that Smt. Uma Shukla became pregnant while she was in the premises of the Central Jail and an abortion was carried out to relieve her of her illegitimate pregnancy in the Zanana Hamidia Hospital in the month of August, 1976. This circumstance created an uproar and an enquiry was held into episode by Shri S. R. Sharma, Deputy Secretary (Home), Government of Madhya Pradesh, Bhopal, and in his report dated 7-101976, after making a thorough enquiry into the matter, he came to the following conclusions: (as per publishers):