PRABHA DUTT versus UNION OF INDIA & ORS.

Citation: [1982] 1 S.C.R. 1184 · Decided: 07-11-1981 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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1184 
PRABHA DUTT 
v. 
UNION OF INDIA & ORS. 
November 7, 1981 
[Y. V. CHANDRACHUD, C. J., A. P. SEN & BAHARUL ISLAM, JJ.) 
Constitution of India-Article 19(l)(a}-Journalist if has a right to n1eans of 
information-If could claim right to interview a prisoner sente11ctd to death. 
Jail Manual-Rule 549(4) Journalist-If could claim to befriend of society 
and can claim right of interview with condemned prisoner. 
The constitutional right to freedom of speech and expression conferred by 
article 19(l)(a) of the Constitution, which includes the freedom of Press, is not 
an absolute right; nor indeed docs it confer any right on the Press to have an 
unrestricted access to means of information. The Press is entitled to exercise its 
freedom of speech and expression by publishing a matter which does not invade 
the rights of other citizens and which does not violate the sovereignty and integrity 
of India 
rhe security of the State, public order, decency and morality. 
[1185 FG] 
The right claimed by the petitioner in the present case, a newspaper repor· 
ter, to interview two convicts under sentence of death is not a right to express 
any particular view, or opinion but the right to means of information through 
the medium of an interview with them. No such right can be claimeci by the Press 
unless the person sought to be interviewed is willing to be interviewed. 
[l J 85 H] 
The existence of a free Press does not imply or spell out any legal obligation 
on the citizens to supply information to the Press, such as there is under section 
161 (2) of the Crimmal Procedure Code. (1186 A] 
Rule 549(4) of the Jail Manual provides that a prisoner under a sentence of 
death shall be allowed interviews and other communications with relatives, 
friends and legal advisers, journalists and newspapermen, though not expressly 
referred to in this rule cannot be denied the opportunity of interview without ~good 
reasons. There is no reason why newspapermen who could be termed as friends 
of the society be denied the right of interview under rule 549(4). [1186 D·F] 
There can be no doubt that a person, who desires to interview a prisoner 
may have to subject himself or herself to the search in accordance with the rules 
and regulations governing the interviews. [1187 A·B] 
Whether representatives of the Press should be allowed to be present at the 
time of the execution of the death sentence is a matter for the Superintendent to 
consider on merits and in accordance with the jail regulations. It is not a matter 
for the Court to decide. (1187 G] 
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PRABHA DUTT v. UNION (Chandrachud, c. J.) 
1185 
ORIGINAL JURISDICTION : Writ Petition No. 8193 of 1981. 
(Under article 32 of the Constitution of India.) 
R. K. Garg and C.S. Vaidyanathan for the Petitioner. 
Miss A. Subhashini for Respondent No. I. 
N. C. Talukdar, K.S. Gurumoorty and R. N. Poddar for Res-
pondents Nos. 2 to 4. 
P. N. lekhi and K. C. Dua for the Applicants. 
P. K. Bahardwaj in person for Times of India . 
B. M. Srivastava for U.N.l 
V. S. Karnic for P.T.I. 
The Order of the Court was delivered by 
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CHANDRACHUD, C.J. This is a petition under article 32 of the 
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Constitution by the Chief Reporter of the Hindustan Times, Smt. 
Prabha Dutt, asking f"r a writ of mandamus or any other appro-
priate writ or direction directing the respondents, particularly the 
Delhi Administration and the Superintendent of Jail, Tihar, to allow 
her to interview two convicts Billa and Ranga who are under a 
sentence of death. We may mention that the aforesaid two prisoners 
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have been sentenced to death for an offence under section 302 
Indian Penal Code and the petitions filed by them to the President 
of India for commutation of the sentence are reported to have been 
rejected by the President recently. 
Before considering the merits of the application, we would 
like to observe that the constitutional right to freedom of speech 
and expression conferred by article 19(l)(a) of the Constitution, 
which includes the freedom of the Press, is not an absolute right, 
nor indeed does it confer any right on the Press to have an unres-
tricted access to means of information. The Press is entitled to 
exercise its freedom of speech and expression by publishing a matter 
which does not invade the rights of other citizens and which does 
not violate the sovereignty and integrity of India, the security of the 
State, public order, decency and morality. B

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