EXPRESS PUBLICATIONS MADURAI LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) Learned Counsel for the petitioners and learned Addl. Govt. Advocate appearing for opp. party No. 1-State are present. Despite serviced of notice, no one has appeared for opp.party No. 2. Though, the matter is listed for admission, on the consent of learned Counsel for the parties. it is taken up for final disposal at the stage of admission.

(2.) Petitioners have assailed the FIR dated 9.2.2000 registered as Capital P.S. Case No. 60 of 2000 corresponding to G.R. Case No. 455 of 2000 of the Court of learned S.D.J.M., Bhubaneswar for offences Under Section 153A, 153B, and also the proceedings of that case.

(3.) Petitioner No. 1, a Publishing House, is publishing an English daily, "The Indian Express" from various canters of the country. It published a book in December, 1999 from Chennai bearing title "India 1000 to 2000" a millennium book of reference containing various topics, such as; culture, history, economy, sociology, Arts, Science, literature etc. That book was edited by petitioner No. 3. One of the articles of the said book under Chapter-IX- titled "No Sakuntalam every year" was written by petitioner No. 2. In that Chapter (at page 441 of that book) there was a sentence "Oriya is a younger sister of Bengali". Opp. Party No. 2 on reading this line in the book felt that the said line not only defames the Oriya language and literature, but also deeply hurts the sentiment of the Oriya readers, which can snowball into a major issue leading to disturbance of public peace and tranquility of the State. He, therefore, lodged the FIR indicated above which culminated in registration of the Capital P.S. Case and the proceeding of G.R. Case No. 455 of 2000 of the Court of SDJM, Bhubaneswar.