R. RAJAGOPAL@ R.R. GOPAL AND ANR.versusSTATE OF TAMIL NADU AND ORS.

             R. RAJAGOPAL@ R.R. GOPAL AND ANR.                                A
                                     v.
                STATE OF TAMIL NADU AND ORS.

                           OCTOBER 7, 1994

          (B.P. JEEVAN REDDY AND SUHAS C. SEN, JJ.]                           B

      Constitution of India, 1950: Articles 19(l)(a) and (19)2.

       Freedom of Press-Right of Press to publish autobiography of a con-
demned prisonei-Extent of-Whether prison officials can prevent publication C
of prisoner's autobiography to protect his right-Right of Press to criticise the
acts and conduct ofpublic officials-State whether can impose prior restraint
to prevent publication of material defamatory of its officers.

      Article 21-Right to privacy-Two important aspects of-General law
of privacy affording action in tort in case of invasion of privacy-Constitu- D
tional right as part ofArticle 21 providing protection against unlawful Govern-
ment invasion-Remedies to citizens in case of violation of right to
privacy-Essential principles of right to privacy and exceptions to right stated.

      Article 32-Writ filed in Supreme Court-Disclosure by petitioner that E
writ was also filed in High Court for similar relief but no orders passed by
High Court till the date of filing writ in this Court-Maintainability of writ.

       The petitioners, Editors of a Tamil Weekly Magazine 'Nakkheeran'
filed a writ petition in this Court seeking directions for (i) restraining the
respondents-State and its officers - from Interfering with the publication F
of the autobiography of a condemned prisoner, Auto Shankar and (Ii) ror
restraining the Inspector General of Prison, Madras from taking the legal
action as communicated by him in his letter dated 15th June, 1994. The
petitioner's case was that, while in jail, the prisoner wrote his autobiog-
raphy exposing nexus between prisoner and several officers or the State
and with the knowledge and approval of the jail authorities, handed over G
the same to his wife for being delivered to his advocate with a request that
it should be published in the petitioner's magazine; and that the prisoner
also wrote several letters to his advocate and the petitioners in which he
affirmed his aforesaid desire. Consequently, the petitioners, in their
magazine Issue dated 21st May, 1994 announced that soon they would be H
                                    353
    354                  SUPREME COURT REPORTS (1994) SUPP. 4 S.C.R.

A coming out with the sensational life history of Auto Shankar. Since the
    respondents were afraid that by the said publication, links of many officers
    with the condemned prisoner would be exposed, they not only forced the
    prisoner to write to the Inspector General of Prisons and to the petitioner
    requesting that his life story should not be published but also threatened
    the petitioners, by their communication dated 15th June, 1994, with legal
B   action for black mailing. The petitioners also stated that before they filed
    a writ petition in this Court, they approached the Madras High Court for
    similar relief but no orders were passed by the High Court ll11 the filing
    of the petition.

C         The respondents denied pressure on the prisoner and disputed the
    authenticity of the autobiography said to have been written by the prisoner
    as well as authority of the petitioners to publish the same. According to
    them no power of attorney was executed - which has to be done in the
    presence of the prison officials under the Prison Rules - by the prisoner in
    favour of his advocate in connection with publication of the alleged book. .
D   They further stated that on account of petitioner's failure to produce letter
    written by prisoner authorising them to publish autobiography, the High
    Court dismissed the petition. As the publication was likely to tarnish the
    image of persons holding responsible positions in the public Institutions
    under the guise of autobiography they sent the communication dated 15th
E   June, 1994 proposing to take legal action against the petitioners.

          In view of the fact that in a writ petition under Article 32 this Court
    does not go into disputed questions of fact - whether the petitioner has
    indeed written his autobiography and authorised the petitioners to publish
    the same - this Court proceeded on the assumption that the condemned
F   prisoner has neither written his autobiography nor has he authorised the
    petitioner to publish the same in their magazine and considered the follow-
    ing questions :-

          (1)   Whether a citizen of this country can prevent another person
                from writing his life-story or biography? Does such un-
G               authorised writing infringe the .citizen's right to privacy?
                Whether and In what circumstances the press is entitled to
                publish such unauthorised account of a citizen's life? What
                are the remedies open to a citizen In i:ase_ of infringement of
                his right to privacy and In case such writing amounts to
H               defamation?
                     R.R. GOPALv. STATE OFT.N.                          355
      (2)   Whether the Government or public officials can impose prior A
            restraint on the press to prevent publication of defamatory
            material?

      (3)   Whether the prison officials can prevent the publication of the
            life-story of a prisoner for protecting prisoner's right?
                                                                              B
      Allowing the petition, this Court

       HELD : 1. The right to privacy as an independent and distinctive
concept originated in the field of Tort law, under which a new cause of
action for damages resulting from unlawful invasion of privacy was recog- C
nised. This right has two aspects which are but two faces of the same coiu:
(1) the general law of privacy which affords a tort action for damages
resulting from an unlawful invasion of privacy and (2) the constitutional
recognition given to the right to privacy which protects personal privacy
against unlawful govermental invacsion. The first aspect of this right must
be said to have been violated where, for example, a person's name or D
likeness is used, without his consent, for advertising - or non-advertising
- purposes or for that matter, his life-story is written - whether laudatory
or otherwise - and published without his consent. In recent times, however,
this right has acquired a constitutional status. [362-G-H, 363-A)

       2. Right to privacy is not enumerated as a fundamental right in our
                                                                              E
Constitution but has been inferred from Article 21. The right to privacy is
implicit in the right to life and liberty guaranteed to the citizens of this
country by Article 21. It is a "right to be let alone". A citizen bas a right to
safeguard the privacy of his own, his family, marriage, procreation,
motherhood, child bearing and education among other matters. None can F
publish anything concerning the above matters without his consent -
whether truthful or otherwise and whether laudatory or critical. If he does
so, he would be violating the right to privacy of the person concerned and
would be liable in an action for damages. Position may, however, be
different, if a person voluntarily thrusts himself into controversy or volun- G
tarily invites or raises a controversy. [363-B, 375-D-E)

       3. The rule aforesaid is subject to the exception, that any publication
concerning the aforesaid aspects becomes unobjectionable if such publica-
tion is based upon public records including court records. This is for the .
reason that once a matter becomes a matter of public record, the right to H
    356                   SUPREME COURT REPORTS [1994] SUPP. 4 S.C.R. ·

A · privacy no longer subsists and it becomes a ligitimate subject for comment
    by press and media among others. However, in the interests of decency •
    Article 19(2) ·an exception must be carved ont to this rule, viz., a female
    who is the victim of a sexual assault, kidnap, abduction or a like offence
    should not further be subjected to the indignity of her name and the
    incident being publicised in the press/media. [375-F·G)
B
           4. There is yet another exception to the Rule aforesaid indeed, this
    is not an exception but an independent rule. In the case of public officials,
    it is obvious, right to privacy, or for that matter, the remedy of action for
    damages is simply not available with respect to their acts and conduct
C   relevant to the discharge of their official duties. This is so even where the
    publication is based upon facts and statements which are not lure, unless
    the official establishes that the publication was made by the defendant with
    reckless disregard for truth. In such a case, it would be enough for the
    defendent • member of the press or media • to prove that he acted after a
    reasonable verification of the facts; it is not necessary for him to prove
D   that what he has written is true. Of course, where the publication is proved
    to be false and actuated by malice or personal animosity, the defendant
    would have no defence and would be liable for damages. It is equally
    obvious that in matters not relevant to the discharge of his duties, the
    public official enjoys the same protection as any other citizen, as explained
E   above. It needs no reiteration that judiciary, which is protected by the
    power to punish for contempt of court and the Parliament and Legisla·
    tures protected as their privileges are by Articles 105 and 104 respectively
    of the Constitution of India, represent exceptions to this rule.
                                                                [375-H, 376-A·D)
F          5. So far as the government, local authority and other organs and
    institutions exercising governmental power are concerned, they cannot
    maintain a suit for damages for defaming them. [376-E)

          6. The aforementioned Rules do not, however, mean that Official
G Secrets Act, 1923, or any similar enactment or provision having the force
    of law does not bind the press or media. [376-EJ

          7. There is no law empowering the State or its officials to prohibit or
    to impose a prior restraint upon the press/media. The State or its officials
    have no authority in law to impose a prior restraint upon publication of
H   material defamatory of the State or of the officials, as the case may be.
                      R.R. GOPALv. STA1EOFT.N.                             357
Accordingly no such prior restraint or prohibition of publication can be          A
imposed by the respondents upon the proposed publication of the alleged
autobiography of 'Auto Shanker' by the petitioners. This cannot be done
either by the State or by its officials. In other words, neither the government
nor the officials who apprehend that they may be defamed, have the right to
impose a prior restraint upon the publication of the alleged autobiography        B
of Anto Shankar. The remedy of pnblic officials/public figures, if any, will
arise only after the publication. (376-F, 373-H, 374-A-C]

      New York Times v. United States, (1971] 40 U.S. 713, referred to.

       8. Applying the above principles, it must be held that the petitioners C
have a right to publish, what they allege to be the life-story/autobiography
of Auto Shankar insofar as it appears from the public records, even without
his consent or authorisation. But if they go beyond that and publish his
life-story, they may be invading his right to privacy and will be liable for the·
consequences in accordance with law. Similarly, the State or its officials D
cannot prevent or restrain the said publication. The remedy of the affected
pnblic officials/public figures, if any, is after the publication. (377-A-B]

      9. Respondents have not stated that the prisoner had requested or
authorised tlie prison officials or the Inspector General of Prisons, as the
case may be, to adopt appropriate proceedings to protect his right to             E
privacy. If so, the respondents cannot take upon themselves the obligation
of protecting his right to privacy. No prison rule is brought to Court's notice
which empowers the prison offi<:ials to do so. Moreover, the occasion for any
such action arises only after the publication and not before. (374-F-G]
                                                                                  F
      Kharak Singh and Ors. v. State of Uttar Pradesh and Ors., (1964] 1
SCR 332; Gobind v. State of Madhya Pradesh and Anr., (1975] 2 SCC 148;
Griswold v. Connecticut, (1965] 385 U.S. 479=14 L.Ed 2d 510; Roe v. Wade,
(1973] 410 U.S. 113; Olmstead v. United States, (1928] 277 U.S. 438 = 72
L.Ed:944; Time Inc. v. Hi/~ [1.967] 385 U.S. 374=17 L.Ed. 2d 456; New G
York Times Co. v. Sullivan, (1964] 376 U.S. 254=11 L.Ed.2d 868; Cox
Broadcasting Corporation v. Cohn, (1975] 420 U.S. 469 = 43 L.Ed. 2d 328;
Planned Parenhood v. Casey, (1992] 120 L.Ed. 2d 683; Derbyshire County
Council v. Times Newspapers Ltd., (1993] 2 W.L.R. 449; Attomey General v.
Guardian Newspapers Ltd. (2), (1990] 1 A.C. 109 and Leonard Hector v.
Attorney General of Antiqua and Barbuda, [1990) 2 A.C. 312, referred to. H
    358                    SUPREME COURT REPORTS (1994) SUPP. 4 S.C.R.

A         The Wages of Crying Wolf: A Comment on Roe v. Wade, 82 Yale W
    (920) 932 26 Standford Law Rev. 1167 (1187); Warren and Brandies "The
    right to privacy" 4 Harvard Law Review 193 (1890), referre4 to.

            Privacy and Human Rights, Ed. AH Robertson, p.176, referred to.

B           CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 422 of
    1994.

            (Under Article' 32 of the Constitution of India.)

            B.D. Sharma for the Petitioners.
c
            A. Mariarputham and Ms. Aruna Mathur for the Respondents.

            The Judgment of the Court was delivered by

            B.P. JEEVAN REDDY, J. This petition raises a question concerning
D the freedom of press vis-a-vis the right to privacy of the citizens of this
    country. It also raises the question as to the parameters of the right of the
    press to criticize and comment on the acts and conduct of public officials.

           The first petitioner is the editor, printer and publisher of a Tamil
    weekly magazine 'Nakkheeran', published from Madras. The second
E   petitioner is the associate editor of the magazine. They are seeking issuance
    of an appropriate, writ, order or direction under Article 32 of the Con-
    stitution, restraining the respondents, viz., (1) State of Tamil Nadu repre-
    sented by the Secretary, Home Department, (2) Inspector General of
    Prisons, Madras and (3) Superintendent of Prisons (Central Prison),
    Salem, Tamil Nadu from taking any action as contemplated in the second '
F   respondent's communication dated June 15," 1994 and further restraining
    them from interfering with the publication of the autobiography of the
    condem~ed prisoner, Auto Shankar, in their magazine. Certain other
    reliefs are prayed for in the writ petiton but they are not pressed before
    us.

          Shankar @ Gauri Shankar @ Auto Shankar was charged and tried
    for as many as six murders. He was convicted and sentenced to death by
    the learned Sessions Judge, Chenglepat on May 31, 1991 which was con-
    firmed by the Madras High Court on July 17, 1992. His appeal to this court
    was dismissed on April 5, 1994. It is stated that his mercy petition to the
H   President of India is pending consideration.
           R.R. GOPAL v. STAIB OF T.N. [B.P J. REDDY, J.]             359

       The petitioners have come forward with the following case : Auto A
Shanl<ar wrote his autobiography running into 300 pages while confined in
 Chenglepat sub-jail during the year, 1991. The autobiography was handed
over by him to his wife, Smt. Jagdishwari, with the knowledge and approval
of the jail authorities, for being delivered to his advocate, Sri Chandrasek-
haran. The prisoner requested his advocate to ensure that his autobiog-
raphy is published in the petitioners' magazine, 'Nakkheeran'. The B
petitioners agreed to the same. Auto Shankar affirmed this desire in several
letters written to his advocate and the first petitioner. The autobiography
sets out the close nexus between the prisoner and several IAS, and other
officers, some of whom where indeed his partners in several crimes. The
presence of several such officers at the house warming ceremony of Auto C
Shankar's house is proved by the video cassette and several photographs
taken on the occasion. Before commencing the serial publication of the
autobiography in their magazine, the petitioner announced in the Issue
dated May 21, 1994 that very soon the magazine would be coming out with
the sensational life history of Auto Shankar. This announcement sent shock
waves among several police and prison officials who were afraid that their D
links with the condemned prisoner would be exposed. They forced the said
prisoner, by applying third degree methods, to write letters addressed to
the second respondent (Inspector General of Prisons) and the first
petitioner requesting that his life-story should not be published in the
magazine. Certain correspondence ensued between the petitioners and the
prison authorities in this connection. Ultimately, the Inspector General of E
Prisons (R-2) wrote the impugned letter dated June 15, 1994 to the fust
petitioner. The letter states that the petitioner's assertion that Auto
Shankar had written his autobiography while confined in jail in the year
1991 is false. It is equally false that the said autobiography was handed over
by the said prisoner to his wife with the knowledge and approval of the F
prison authorities. The prisoner has himself denied the writing of any such
book. It is equally false that any power of attorney was executed by the said
prisoner in favour of his advocate, Sri Chandrasekharan in connection with
the publication of the alleged book. If a prisoner has to execute a power
of attorney in favour of another, it has to be done in the presence of the
prison officials as requred by the prison Rules; the prison records do not G
bear out execution of any such power of attorney. The letter concludes,
"from the above facts, it is clearly established that the serial in your
magazine under the caption "Shadowed Truth" or "Auto Shankar's dying
declaration" is not really written by Gauri Shankar but it is written by
someone else in his name. Writing an article in a magazine in the name of
                                                                            H
    360                   SUPREME COURT REPORTS (1994) SUPP. 4 S.C.R.

A · a condemned prisoner is against prison rules and your claim that the power
    of attorney is given by the prisoner is unlawful. In view of all those it is
    alleged that your serial supposed to have written by Auto Shankar is
    (false?) since with an ulterior motive for this above act there will arise a
    situation that we may take legal action against you for black mailing.
    Hence, I request you to stop publishing the said serial forthwith."
B
           The petitioners submit that the contents of the impugned letter are
    untrue. The argument of jeopardy to prisoners' interest is a hollow one.
    The petitioners have a right to publish the said book in their magazine as
    desired by the prisoner himself. Indeed, the petitioners have published
C   parts of the said autobiography in three issues of their magazine dated June
    11, 1994, June 18, 1994 and June 22, 1994 but stopped further publication
    in view of the threatening tone of the letter dated June 15, 1994. The
    petitioners have reasons to believe that the police authorities may swoop
    down upon their printing press, seize the issues of the magazine ·besides
    damaging the press and their properties, with a view to terrorise them. On
D   a previous occasion when the petitioners' magazine published, on August
    16, 1991, an investigative report of tapping to telephones of opposition
    leaders by the State Government, the then editor and publisher were
    arrested, paraded, jailed and subjected to the third degree methods. There
    have been several instances when the petitioners' press was raided and
E   substantial damage done to their press and properties. The petitioners are
    apprehensive that the police officials may again do the same since they are
    afraid of their links with the condemned prisoner being exposed by the
    publication of the said autobiography. The petitioners assert the freedom
    of press guaranteed by Article 19(l)(a), which, according to them, entitles
    them to publish the said autobiography. It is submitted that the condemned
F   prisoner has also the undoubted right to have his life-story published and
    that he cannot be prevented from doing so. It is also stated in the writ
    petition that before approaching this court by way of this writ petition, they
    had approached the Madras High Court for similar reliefs but that the
    office of the High Court had raised certain objections to the maintainability
G   of the writ petition. A learned Single Judge of the High Court, it is stated,
    heard the petitioners in connection with the said objections but no orders
    were passed thereon till the filing of the writ petition.


          The Respondent Nos. 2 and 3 have filed a counter-affidavit, sworn-to
H   by Sri T.S. Panchapakesan, Inspector General of Prisons, State of Tamil
            R.R. GOPALv. STATE OFT.N. [B.PJ. REDDY,J.]                       361

Nadu. At the outset, it is submitted that the writ petition filed by the A
petitioners in the High Court was dismissed by the learned Single Judge
on June 28, 1994 holding inter a/ia that the question whether the said
prisoner had indeed written his autobiography and authorised the
petitioners to publish the same is a disputed question of fact. This was so
held in view of the failure of the learned counsel for the petitioners to B
produce the learned counsel for the petitioners to produce the alleged
letters written by the prisoner to his counsel, or to the petitioners, authoris:
ing them to publish his autobiography. It is submitted that the letter dated
June 15, 1994 was addressed to the first petitioner inasmuch as "there was
a genuine doubt regarding the authorship of the autobiography alleged to
have been written by the condemned prisoner while he was in prison and C
which purportedly reached )tis wife. Besides, it was also not clear whether
the said prisoner had as a matter of fact authorised the petitioner to publish
the said autobiography. In the context of such a disputed claim both as to .
authenticity as well as the authority to publish the said autobiography, the
said communication was addressed to the petitioners herein, since the D
petitioners have threatened to publish derogatory and scurrilous statements
purporting to (be?) based on material which are to be found in the
disputed. autobiography." It is submitted that the allegation that a number
of lAS, JPS and other officers patronized the condemned prisoner in his
nefarious acti'vi.ties is baseless. "It is only in the context of such a situation
coupled with the fact that the petitioner might under the guise of such an E
autobiography tarnish the image of the persons holding responsible posi-
tions in public institution that the communication dated 15.6.94 was sent
to him", say the respondents. They also denied that they subjected the said
prisoner to third degree methods to pressurise him into writing letters
denying the authorisation to the petitioners to publish his life-story.            F

       Neither Auto Shankar nor his wife - nor his counsel - are made
parties to this writ petition. We do not have their version on the disputed
question of fact, viz., whether Auto Shankar has indeed written his
autobiography and/or whether he had requested or authorised the G
petitioners to publish the same in their magazine. In this writ petition under
Article 32 of the Constitution, we cannot go into such a disputed question
of fact. We shall, therefore, proceed on the assumption that the said
prisoner has neither written his autobiography nor has he authorised the
petitioners to publish the same in their magazine, as asserted by the writ
petitioners. We must, however, make it clear that ours is only an assump· H
                                                                         '
    362                   SUPREME COURT REPORTS (1994] SUPP. 4S.C.R.

A lion for the purpose of this writ petition and not a finding of fact. The said
    disputed qur.stion may have to be gone into, as and when necessary, before
    an appropriate court or forum, as the case may be.

           On the pleadings in this petition, follwing questions arise : ( 1)
    whether a citizen of this country can prevent another person from writing
B   his life-story or biography? Does such unauthorised writing infringe the
    citizen's right to privacy? Whether the freedom of press guaranteed by
    Article 19(1)(a) entit!e the press to publish such unauthorised account of
    a citizen's life and activities and if so to what extent and in what circumstan-
    ces? What are the remedies open to a citizen of this country in case of
C   infringement of his right to privacy and further in case such writing
    amounts to defamation?

         (2)(a) Whether the government can maintain an action for its
    defamation?

D          (b) Whether the government has any legal authority to impose prior
    restraint on the press to prevent publication of material defamatory of its
    officials? and

           (c) Whether the public officials, who apprehend that they or their
     colleagues may be defamed, can impose a prior restraint upon the press to
E    prevent such publication?

            (3) Whether the prison officials can prevent the publication of the
     life-story of a prisoner on the ground that the prisoner being incarcerated
     and thus not being in a position to adopt legal remedies to protect his
     rights, they are entitled to act on his behalf?
F
     QUESTION NOS. 1 AND 2:

           The right to privacy as an independent and distinctive concept
     originated in the field of Tort law, under which a new cause of action for
     damages resulting from unlawful invasion of privacy was recognised. This
G    right has two aspects which are but two faces of the same coin: (1) the
     general law of privacy which affords a tort action for damages resulting
     from an unlawful invasion of privacy and (2) the constitutional recognition
     given to the right to privacy which protects personal privacy against unlaw-
     ful governmental invasion. The first aspect of this right must be said to have
H    been violated where, for example, a person's name or likeness is used,
              R.R.GOPALv. STATEOFT.N. [B.P J. REDDY,J.]                          363

without his consent, for advertising - or non-advertising - purposes or for A
that matter, his life-story is written - whether laudatory or otherwise - and
published without his consent as explained hereinafter. Jn recent times,
however, this right has acquired a constitutional status. We shall proceed
to explain how? Right to privacy is not enumerated as a fundamental right
in our Constitution but has hen inferred from Article 21. The first decision B
of this court dealing with this aspect is Kharak Singh & Ors. v. State of Uttar
Pradesh & Ors., [1964] 1 S.C.R. 33'.2. A more elaborate appraisal of this
right took place in a later decision in Gobind v. State of Madhya Pradesh
& Anr., (1975] 2 S.C.C. 148 wherein Mathew, J., speaking for himself,
Krishna Iyer and Goswami, JJ. traced the origins of this right and also
pointed out how the said right has been dealt with by the United States C
Supreme Court in two of its well-known decisions in Griswold v. Connec-
ticu~ (1965] 385 U.S. 479=14 L.Ed. 2d. 510 and Roe v. Wade, (1973] 410..
U.S. 113. After referring to Kharak Singh and the said American decisions,
the learned Judge stated the law in the follwing words:
                                                                                        D
        ".......privacy-dignity claims deserve to be examined with care and
        to be denied only when an important countervailing interest is
        shown to be superior. If the Court does find that a claimed right
        is entitled to protection as a fundamental privacy righ~ a law
        infringing it must satisfy the compelling State interest test. ............ .
                                                                                        E
        ........privacy primarily concerns the individual. It therefore relates
        to and overlaps with the concept of liberty. The most serious
        advocate of (Srivacy must confess that there are serious problems
        of defining the essence and scope of the right. Privacy interest in
        autonomy must also be placed in the context of other rights and                 F
        values.

            Any right to privacy must encompass and protect the personal
        intimacies of the home, the family, marriage, motherhood, procrea-
        tion and child rearing. This catalogue approach to the question is              G
        obviously not as instructive as it does not give analytical picture of
        the distinctive characterstics of the right of privacy. Perhaps, the
        only suggestion that can be offered as unifying principle underlying
        the concept has been the assertion that a claimed right must be a
        fundamental right implicit in the concept of ordered liber-
        ty................                                                              H
    364                  SUPREME COURT REPORTS [1994] SUPP. 4 S.C.R.

A         As Ely says:

               There is nothing to prevent one from using the word 'privacy'
               to mean the freedom to live one's life without governmental
               interference. But the Court obviously does not so use the
               term. Nor could it, for such a right is at stake in every case.
B              (See the Wages of Crying Wolf: A Comment on Roe v. Wade,
               82 Yale Ll 920, 932.]

              There are two possible theories for protecting privacy of home.
          The first is that activities in the home harm others only to the extent
c         that they cause offence resulting from the mere thought that
          individuals might be engaging in such activities and that such
          'harm' is not constitutionally protectible by the State. The second
          is that individuals need a place of sanctuary where they can be free
          from societal control. The importance of such a sanctuary is that
          individuals can drop the mask, desist for a while from projecting
D         on the world the image they want to be accepted as themselves,
          an image that ma} reflect the values of their peers rather than the
          realities of their natures. (See 26 Stanfqrd Law Rev. 1161, 1187]

             The right to privacy in any event will necessarily have to go
          through a process of case-by-case development. Therefore, even
E         assuming that the right to personal liberty, the right to move freely
          throughout the territory of India and the freedom of speech create
          an independent right of privacy as an emanation from them which
          one can characterize as a fundamental right, we do not think that
          the right is absolute.

F             The European Convention on Human Rights, which came into
          force on September 3, 1953, represents a valiant attempt to tackle
          the new problem. Article 8 of the Convention is worth citing (See
          "Privacy and Human Rights", Ed. AH robertson, p. 176]:

               1. Every one has the right to respect for his private and family
G              life, his home and his correspondence.

               2. There shall be no interference by a public authority with
               the exercise of this right except such as is in accordance with
               the law and is necessary in a democratic society in the
H              interests of national secutity, public safety or the economic
            R.R. GOP AL v. STATE OF T.N. [B.P J. REDDY, J.]               365

              well-being of the country, for the prevention of disorder or       A
              crime, for the protection of health or morals or for the
              protection of the rights and freedoms of others."

       Since the right to privacy has been the subject matter of several
 decisions in the United States, it would be appropriate to briefly refer to
 some of the important decisions in that country.                                B

       The right to privacy was first referred to as a right and elaborated in
the celebrated article of Warren and Brandies (later Mr. Justice Brandies)
entitled "The right to privacy" published in 4 Harward Law Review 193, in
the year 1890.
                                                                                 c
         Though the expression "right to privacy" was first referred to in
  Olmstead v. United States, (1928) 277 U.S. 438=72 L.Ed. 944, it came to
  be fully discussed in Time Inc., v. Hi/~ (1967) 385 U.S. 374=17 LEd. 2d.
  456. The facts of the case are these : on a praticular day in the year 1952,
  three escaped convicted intruded into the house of J arnes Hill and held D
  him and members of his family hostage for nineteen hours, whereafter they
  released them unharmed. The police immediately went after the culprits,
  two of whom were shot dead. The incident became prime news in the local
  newspapers and the members of the press started swarming the Hill home·
  for an account of what happened during the hold-up. The case of the family E
  was that they were not ill-treated by the intruders but the members of the
  press were not impressed. Unable to stop the seige of the press correspon-
  dents, the family shifted to a far-away place. "Life" magazine sent its men
  to the former home of Hill family where they re-enacted the entire incident,
  and photographed it, showing inter alia that the members of the family were
  ill-treated by the intruders. When 'Life" published the story, Hill brought F
  a suit against Time Inc., publishers of "Life" magazine, for invasion of his
  privacy. The New York Supreme Court found that the whole story was "a
  piece of commercial fiction" - and not a true depiction of the event - and
  accordingly confirmed the award of damages. However, when the matter
  was taken to United States Supreme Court, it applied the rule evolved by G
  it in New York Times Co. v. Sulli~an, (1954) 376 U.S. 254=11 L.Ed. 2d. 868
  and set aside the award of damages holding that the jnry was not properly
. instructed in law. It directed a re-trial. Brennan, J. held:

            'We hold that the constitutional protections for speech and
         press preclude the application of the New York statute to redress H
    366                   SUPREME COURT REPORTS [1994) SUPP. 4 S.C.R.

A           false reports of matters of public interest in the absence of proof
            that the defendant published the report with the knowledge of its
            falsity or in reckless disregard of the truth."

                                                               (Emphasis added)

B           The learned Judge added :

            "We create grave risk of serious impairment of the indispensable
            services of a free press with the impossible burden of verifying to
            a certainty the facts associated in a news article with a person's
c           name, picture or portrait, particularly as related to non-defamatory
            matter ............... .

            ........... Those guarantees are not for the benefit of the press so
            much as for the benefit of all of us. A broadly defined freedom of
D           the press assures the maintenance of our political system and an
            open society ....... That books, newspapers and magazines are
            published and soid for profit does not prevent them from being a
            form of expression whose liberty is safeguarded."

          The next relevant decision is in Cax Broadcasting Corporation v.
E Cohn, (1975) 420 U.S. 469=43 L.Ed. 2d. 328. A Georgia law prohibited
    and punished the publication of the name of a rape victim. The appellant,
    a reporter of a newspaper obtained the name of the rape victim from the
    records of the court and published it. The father of the victim sued for
    damages. White, J. recognised that "in this sphere of collision between
F   claims of privacy and those of the free press, the interests on both sides
    are plainly rooted in the traditions and significant concerns of our society"
    but chose to decide the case on the narrow question whether the press can
    be said to have violated the said statute or the right to privacy of the victim
    by publishing her name, having obtained it from public records. The
    learned Judge held that the press cannot be said to have violated the
G   Georgia law or the right to privacy if it obtains. the name of the rape victim
    from the public records and publishes it. The learned Judge held that the
    freedom of press to publish the information contained in the public records
    is of critical importance to the system of government prevailing in that
    country and that, may be, in such matter "citizenry is tlie final judge of the
H   proper conduct of public business".
            R.R. GOPALv. STATEOFT.N. [B.PJ.REDDY,J.]                      367

         Before proceeding further, we may mention that the two decisions of A
  this court referred to above (Kharak Singh and Gobind) as well as the two
  decisions of the United States Supreme Court, Griswold and Roe v. Wade,
  referred to in Gobind, are cases of governmental invasion of privacy.
  Kharak Singh was a case where the petitioner was put under surveillance
  as defined in Regulation 236 of the U .P. Police Regulations. It involved B
  secret picketing of the house or approaches to the house of the suspect,
  domiciliary visits at night, periodical enquiries by police officers into
  repute, habits, association, income or occupation, reporting by police con-
. stables on the movements of the person etc. The regulation was challenged
  as violative of the fundamental rights guaranteed to the petitioner. A
  Special Bench of seven learned Judges held, by a majority, that the reguia-' C
  lion was unobjectionable except to the extent it authorised domiciliary visits
  by police officers. Though right to privacy was referred to, the decision
  turned on the meaning and content of "personal liberty'' and "life" in Article
  21. Gobind was also a case of surveillance under M.P. Police Regulations.
  Kharak Singh was followed even while at the same time elaborating the D
  right to privacy, as set out hereinbefore:

       Griswold was concerned with a law made by the State of Connecticut
which provided a punishment to "any person who uses any drug, medicinal
article or instrument for the purpose of preventing conception......". The
appellant was running a centre at which information instruction and medi-        E
cal advice was given to married persons as to the means of preventing
conception. They prescribed contraceptives for the purpose. The appellant
was prosecuted under the aforesaid law, which led the appellant to chal-
lenge the constitutional validity of the law· on the grounds of First and
Fourteenth Amendments. Douglas, J., who delivered the main opinion,              F
examined the earlier cases of that court and observed :

         "......specific guarantees in the Bill of Rights have penumbras,
         formed by emanations from those guarantees that help give them
         life and substance ...... Various guarantees creats zones of privacy
                                                                                 G

         The present case, then concerns a relationship lying within I.he zone
         of privacy created by several fundamental constitutional guaran-
         tees. And it concerns a law which, in forbidding the use of con-
         traceptives rather than regulating their manufacture or sale, seeks H
    368                  SUPREME COURT REPORTS [1994] SUPP. 4 S.C.R.

A           to achieve its goals by means having a maximum destructive impact
            upon the relationship. Such a law cannot stand iu light of the
            familiar principle, so often applied by this Court, that a
            "governmental purpose to control or prevent activities constitution-
            ally subject to state regulation may not be achieved by means which
B           sweep unnecessarily broadly and thereby invade the area of
            protected freedoms". NAACP v. Alabama ......... Would we allow
            the police to search the sacred precincts of marital bedrooms of
            telltale signs of the use of contraceptives? The very idea is rep~lsive
            to the notions of privacy surroundiug the marriage relationship.

c                We deal with a right of privacy order than the Bill of Rights -
            older than our political parties, older then our schools system.
            Marriage is a comiug together for better or for worse, hopefully
            enduriug, and iutimate to the degree of beiug sacred. It is an
            association that promotes a way of life, not causes; a harmony iu
D           liviiig, not political faiths; a bilateral loyalty, not commercial or
            social projects. Yet it is an association for as noble a purpose as
            anj involved in our prior decisions."

          Roe v. Wade, [1973] 410 U.S. 113 concerned the right of an unmamed
E pregnant woman to termiuate her pregnacy by abortion. The relevant Texas
    Law prohibited abortions except with respect to those procured or ad-
    mitted by medical advice for the purpose of saving the life of the mother.
    The constitutionality of the said law was questioned on the ground that the
    said law improperly iuvaded the right and the choice of a pregnant woman
    to termiuate her pregnancy and therefore violative of 'liberty" guaranteed
F
    under Fourteenth Amendment and the right to privacy recognised iu
    Griswold. Blackmun, !., who delivered the majority opinion, upheld the
    right to privacy iu the followiug words :

            "The Constitution does not explicitly mention any right of privacy.
G           In a line of decisions, however, ....... the Court has recognised that
            a right of personal privacy, or a guarantee of certain areas or zones
            of privacy, does exist under the Constitution. In varyiug contexts,
            the Court or iudividual Justices have, iudeed, found at least the
            roots of that right iu the First Amendment; in the penumbras of
H           the Bill of Rights; iu the Niuth Amendment; or iu the concept of
           R.R. GOPALv. STATEOFT.N. [B.P.J. REDDY,J.]                    369

        liberty guaranteed by the first section of the Fourteenth Amend- A
        ment. These decisions make it clear that only personal right that
        can be deemed "fundamental" or "implicit in the concept of or-
        dered liberty." Palko v. Connecticut, are included in this guarantee
        of personal privacy. They also make it clear that the right has some
        extension to activities relating to marriage, Loving v. Virginia;
                                                                              B
        procreation, Skinner v. Oklahoma; contraception; Eisenstadt v.
        Baird; family relationships, Prince v. Massachusetts; and child rear-
        ing and education, Pierce v. Society of Sisters, Meyer v. Nebraska.

            This right of privacy, whether it be founded in the Fourteenth
        Amendment's concept of personal liberty and restrictions upon           C
        state actfon, as we feel it is, or, as the District Court determined,
        in the Ninth Amendment's reservation of rights to the people, is
        broad enough to encompass a woman's decision whether or not to
        terminate her pregnancy.

                                                                                D
       Though this decision received a few knocks in the recent decision in
Planned Parenhood v. Casey, [1992] 120 L. Ed. 2d. 683, the central holding
of this decision has been left untouched - indeed affirmed.

       We may now refer to the celebrated decision in New York Times v.
Sullivan, referred to and followed in Times Inc. v. Hi//. The following are     E
the facts: in the year 1960, the New Yark Times carried a full page paid
advertisement sponsored by the 'Committee to Defend Mertin Luther King
and The Struggle for Freedom in the South', which asserted or implied that
law enforcement officials in Montgomery, Alabama, had improperly ar-
rested and harassed Dr. King and either civil rights demonstrators on F
various occasions. Respondent, who was the elected Police Commissioner
of Montgomery, brought an action for libel against the Times and several
of the individual sigoatories to the advertisement. It was found that some
of the assertions contained in the advertisement were inaccurate. The
Alabama courts found the defendants guilty and awarded damages in a G
sum of $500,000. which was affirmed by the Alabama Supreme Court.
According to the relevant Alabama law, a publication was "libelous per se"
if the words "tend to injure a person ........ in his reputation" or to "bring
(him) into public contempt". The question raised before the United States
Supreme Court was whether the said enactment abridged the freedom of
speech .and of the press guaranteed by the First and Fourteenth Amend- H
    370                   SUPREME COURT REPORTS (1994] SUPP. 4 S.C.R.

A ments. In the leading opinion delivered by Brennan, J., the learned Judge
    referred in the first instance to the earlier decisions of that court emphasis-
    ing the importance of freedom of speech and of the press and observed:

             "Authoritative interpretations of the First Amendment guarantees
             have consistently refused to recognize an exception for any test of
B            truth - whether administered by judges, juries, or administrative
             officials - and especially one that puts the burden of proving the
             truth on the speaker. ..... A mle compelling the critic of official
             conduct to guarantee the truth of all his factual assertions- and to
             do so on pain of liber judgments virtually unlimited in amount-
c            leads to...... "self- censorship." Allowance of the defense of truth,
             with the burden of proving it on the defendant, does not mean that
             only false speech will be deterred. Even courts accepting this
             defense as an adequate safeguard have recognized the difficulties
             of adducing legal proofs that the alleged libel was true in all its
             factual particulars....... Under such a rule, would-be critics of
D            official conduct may be deterred form voicing their criticism, even
             though it is believed to be true and even though it is in fact true,
             because of doubt whether it can be proved in court or fear of the
             expense of having to do so. They tend to make only statements
             which "steer far wider of the unlawful zone.' ........ The rule thns
E            dampens the vigor and limits the variety of public debate. It is
             inconsistent with the First and Fourteenth Amendments.

                 The constitutional guarantees require, we think, a federal mle that
             prohibits a public official from recovering damages for a defamatory
             falsehood relating to his official conduct unless he proves that the
F
             statement was made with "actual malice" - that is, with knowledge
             that it was false or with reckless disregard of whether it wasfalse or
                    11
             not......

                                                                (emphasis added)
G
         Black, J. who was joined by Donglas, J. concurred in the opinion bnt
    on a slightly different ground. He affirmed his belief that "the First and
    Fourteenth Amendments not merely "delimit" a State's power to award
    damages to "public officials against critics of their official conduct" but
H   completely prohibit a State from exercising such a power."
            R.R. GOPALv. STATEOFT.N. [B.PJ.REDDY,J.]                     371

       The principle of the said decision has been held applicable to "public A
figures" as well. This is for the reason that public figures like public officials
often play an influential role in ordering society. It has been held that as a
class the public figures have, as the public officials have, access to mass
media communication both to influence the policy and to counter criticism
of their views and activities. On this basis, it has been held that the citizen B
has a legitimate and substantial interest in the conduct of such persons and
that the freedom of press extends to engaging in uninhibited debate about
the involvement of public figures in public issues and events.

       The principle of Sullivan was carried forward - and this is relevant
to the second question arising in this case - in Derbyshire County Council C
v. Times Newspapers Ltd., (1993] 2 W.L.R. 449, a decision rendered by the
House of Lords. The plaintiff, a local authority brought an action for
damages for libel against the defendants in respect of two articles publish-
ed in Sunday Times questioning the propriety of investments made for its
superannuation fund. The articles were headed "Revealed: Socialist tycoon D
deals with Labour Chief' and "Bizarre deals of a council leader and the
media tycoon". A preliminary issue was raised whether the plaintiff has a
cause of action against the defendant. The Trial Judge held that such an
action was maintainable but on appeal the Court of Appeal held to the
contrary. When the matter reached the House of Lords, it affirmed the
decision of the Court of Appeal but on a different ground. Lord Keith E
delivered the judgment agreed to by a:II other learned Law Lords. In his
opinion, Lord Keith recalled that in Attorney General v. Guardian
Newspapers Ltd., 2 (1990) 1 A.C. 109, popularly known as "Spycatcher
case", the House of Lords had opined that "there are rights available to
private citizens which institutions of.. .....government are not in a position F ·
to exercise unless they can show that it is in the public interest to do so."
It was also held therein that not only was there no public ·interest in
a:IIowing governmental institutions to sue for libel, it was "contrary to the
public interest because to admit such actions would place. an undesirable
fetter on freedom of speech" and further that action for defamation or
threat of such action "inevitably have an inhibiting effect on freedom of G
speech". The learned Law Loard referred to the decision of .the United
States Supreme Court in New York Times Co. v. Sullivan and certain other
decisions of American Courts and observed - and this is significant for our
purposes - "while these decisions were related most directly to the
provisions of the American Constitution concerned with securing freedom · H
    372                    SUPREMECOURTREPORTS [1994]SUPP.4S.C.R.

A · of speech, the public interest considerations which underlaid them are no less
    valid in this country. What has been described as "the chilling effect" induced
    by the threat of civil actions for libel is very important. Quite often the facts
    which would justify a defamatory publication are known to be true, but
    admissible evidence capable of proving those facts is not available". Ac-
    cordingly, it was held that the action was not maintainable in law.
B
           Reference in this connection may also be made to the decision of the
    Judicial Committee of the Privy Council in Leonard Hector v. Attorney
    General of Antiqua and Barbuda, (1990) 2 A.C. 312 which arose under
    Section 33(B) of the Public Order Act, 1972 (Antigua and Barbuda). It
C   provided that any person who printed or distributed any false statement
    which was "likely to cause fear or alarm in or to the public or to disturb
    the public peace or to undermine public confidence in the conduct of
    public affairs" shall be guilty of an offence. The appellant, the editor of a
    newspaper, was prosecuted under the said provision. He took the plea that
D   the said provision contravened Section 12(1) of the Constitution of Antigua
    and Barbuda which provided that no person shall be hindered in the
    enjoyment of freedom of expression. At the same time, sub-section (4) of
    Section 12 stated that nothing contained in or done under the authority of
    law was to be held inconsistent with or in contravention of the sub-section
    12(1) to the extent that the law in question made provisions reasonably
E   required in the interest of public order. (These provisions roughly cor-
    respond to Articles 19(1)(a) and 19(2) respectively.) The Privy Council
    upheld the appellant's plea and declared Section 12(1) ultravires the Con-
    stitution. It held that Section 33(B) is wide enough to cover not only false
    statements which are likely to affect public order but also those false
F   statements which are not likely to affect public order. On that account, it
    was declared to be unconstitutional. The criminal proceedings against the
    appellant was accordingly quashed. In the course of his speech, Lord
    Bridge of Harwich observed thus:

             "In a free democratic society it is almost too obvious to need stating
G            that those who hold office in government and who are responsible
             for public administration must always be open to criticism. Any
             attempt to stifle or fetter such criticism amounts to political cen-
             sorship of the most insidious and objectionable kind. At the same
             time it is no less obvious that the very purpose of criticism levelled
H            at those who have the conduct of public affairs by their political
            R.R. GOPALv. STATE OFT.N. [B.PJ. REDDY,J.]                      373

         opponents is to undermine public confidence in their stewardship         A
         and to persuade the electorate. that the opponents would make a
         better job of it than those presently holding office, In the light of
         these considerations their Lordships cannot help viewing a
         statutory provision which criminalises statements likely to under-
         mine public confidence in the conduct of public affairs with the
                                                                                  B
         utmost suspicion."

          The question is how far the principles emerging from the United
  States and English decisions are relevant under our constitutional system.
  So far as the freedom .of press is concerned, it flows from the freedom of
  speech and expression guaranteed by Article 19(1)(a). But the said right C
  is subject to reasonable res\rictions placed thereon by an existing law or a
  law made after the commencement of the Constitution in the interests of
  or in relation to the several matters set out therein. Decency and defama-
  tion are two of the grounds mentioned in clause (2). Law of Torts providing ·
  for damages for invasion of the right to privacy and defamation and D
  Sections 499/500 I.P.C. are the existing laws saved under clause (2). But
  what is called for today - in the present times - is a proper balancing of
  the freedom of press and said laws consistent with the democratic way of
  life ordained by the Constitution. Over the last few decades, press and
  electronic media have emerged as major factors in our nation's life. They
. are still expanding - and in the process becoming more inquisitive. Our E
  system of government demands - as do the systems of government of the
  United State5' of America and United Kingdom - constant vigilance over
  exercise pf governmental power by the press and the media among others.
  It is essential for a good government. At the same time, we must remember
  that our society may not share the degree of public awareness obtaining in F
  United Kingdom or United States. The sweep of the First Amendment to
  the United States Constitution and the freedom of speech and expression
  under our Constitution is not identical though similar in their major
  premises. All this may call for some modification of the principles emerging
  from the English and United States decisions in their application to our
  legal system. The broad principles set out hereinafter are evolved keeping G
  in mind the above considerations. But before we set out those principles,
  a few more aspects need to be dealt with.

       We may now consider whether the State or its officials have the
 authority in law to impose a prior restraint upon publication of material H
                                                                        '
    374                    SUPREME COURT REPORTS (1994] SUPP. 4S.C.R.

A defamatory of the State or of the officials, as the case may be? We think
    not. No law empowering them to do so is brought to our notice. As
    observed in New York Times v. United States, (1971] 40 U.S .. 713, popularly
    known as the pentagon papers case, "any system of prior restraints of
    (freedom of) expression comes to this court bearing a heavy presumption
    against !ts constitutional validity" and that in such cases, the government
B
    "carries a heavy burden of showing justification for the imposition of such
    a restraint". We must accordingly hold that no such prior restraint or
    prohibition of publication can be imposed by the respondents upon the
    proposed publication of the alleged autobiography of 'Auto Shankar' by
    the petitioners. This cannot be done either by the State or by its officials.
C   In other words, neither the government nor the officials who apprehend
    that they may be defamed, have the right to impose a prior restraint upon
    the publication of the alleged autobiography of Auto Shankar. The remedy
    of public officials/public figures, if any, will arise only after the publication
    and will be governed by the priciples indicated herein.
D
          We must make it clear that we do not express any opinion about the
    right of the State or its officials to prosecute the petitioners under Sections
    499/500 J.P.C. This is for the reaon that even if they are entitled to do so,
    there is no law under which they can prevent the publication of a material
    on the ground that such material is likely to be defamatory of them.
E
    QUESTION NO. 3:

           It is not stated in the counter-affidavit that Auto Shankar had re-
    quested or authorised the prison officials or the Inspector General of
    Prisons, as the case may be, to adopt appropriate proceedings to protect
F
    his right to privacy. If so, the respondents cannot take upon themselves the
    obligation of protecting his right to privacy. No prison rule is brought to
    our notice which empowers the prison officials to do so. Moreover, the
    occasion for any such action arises only after the publication and not
    before, as indicated hereinabove.
G
          Lastly, we must deal with the objection raised by the respondent as
    to the maintainability of the present writ petition. It is submitted that having
    ~Jed a writ petition for similar reliefs in the Madras High Court, which was
    dismissed as not maintainable under a considered order, the petitioners
H   could not have approached this court under Article 32 of the Constitution.
             R.R. GOPALv. STATEOFT.N. [B.PJ. REDDY,J.]                        375
 The petitioners, however, did disclose the above fact but they stated that A
 on the date of their filing the writ petition, no orders were pronounced by
 the Madras High Court. It appears that the writ petition was filed at about
 the time the learned Single Judge of the Madras High Court pronounced
 the orders on the office objections. Having regard to the facts and cir-
 cumstances of.the case, we are not inclined to throw out the writ petition B
 on the said ground. The present writ petiton can also be and is hereby
 treated as a Special Leave Petition against the orders of the learned Single
 Judge of the High Court.

       We may now summarise the broad principles flowing from the above
 discussion:                                                                         C

         (1) The right to privacy is implicit in the right to life and liberty
  guaranteed to the citizens of this country by Article 21. It is a "right to be
  let alone". A citizen has a right to safeguard the privacy of his own, his
  family, marriage, procreation, motherhood, child bearing and education             D
  among other matters. None can publish anything concerning the above
  matters without his consent - whether truthful or otherwise and whether
  laudatory or critical. If he does so, he would be violating the right to privacy
  of the person concerned and would be liable in an action for damages.
  Position may, however, be different, if a person voluntarily thrusts himself       E
. into controversy or voluntarily invites or raises a controversy.

        (2) The rule aforesaid is subject to the exception, that any publication
 concerning the aforesaid aspects becomes unobjectionable if such publica-
 tion is based upon public records including court records. This is for the
                                                                                     F
 reason that once a matter becomes a matter of public record, the right to
 privacy no longer subsists and it becomes a legitimate subject for comment
 by press and media among others. We are, however, of the opinion that in
 the interest of decency [Article 19{2)] an exception must be carved out to
 this rule, viz., a female who is the victim of a sexual assault, kidnap,
 abduction or a like offence should not further be subjected to the indignity        G
 of her name and the incident being publicised in press/media.

         (3) There is yet another exception to the Rule in {l) above - indeed,
 this is not an .exception but an independent rule. In the case of public
 officials\.. it is obvious, right to privacy, or for that matter, the remedy of H
    . 376                   SUPREME COURT REPORTS [1994] SUPP. 4 S.C.R.

A action for damages is simply not available with respect to their acts and
     conduct relevant to the discharge of their official duties. This is so even
     where the publication is based upon facts and statements which are not
     true, unless the official establishes that the publication was made (by the
     defendant) with reckless disregard for truth. In such a case, it would be
B    enough for the defendant (member of the press or media) to prove that he
     acted after a reasonable verification of the facts; it is not necessary for him
     to prove that what he has written is true. Of course, where the publication
     is proved to be false and actuated by malice or personal animosity, the
     defendant would have no defence and would be liable for daruages. It is
C    equally obvious that in matters not relevant to the discharge of his duties,
     the public official enjoys the same protection as any other citizen, as
     explained in (1) and (2) above. It needs no reiteration that judiciary, which
     is protected by the power to punish for contempt of court and the Parlia-
     ment and Legislatures protected as their privileges are by Articles 105 and
     104 respectively of the Constitution of India, represent exceptions to this
D    rule.

            ( 4) So far as the governmeni, local authority and other organs and
     institutions exercising governmental power are concerned, they cannot
     maintain a suit for damages for defaming them.
E
           (5) Rules 3 and 4 do not, however, mean that Official Secrets Act,
     1923, or any similar enactment or provision having the force of law does
     not bind the press or media.

            ( 6) There is no law empowering the State or its officials to prohibit,
F or to impose a prior restraint upon the press/media.

           We may hasten to add that the principles above mentioned are only
     the broad principles. They are neither exhaustive nor all- comprehending;
     indeed no such enunciation is possible or advisable. As rightly pointed out
G    by Mathew, J., this right has to go through a case-by-case development.
     The concepts dealt with herein are still in the process of evolution.

           In all this discussion, we may clarify, we have not gone into the
     impact of Article 19(1)(a) read with clause (2) thereof on Sections 499 and
H    500 of Indian Penal Code. That may have to await a proper case.
           R.R. GOPAL v. STATE OFT.N. [B.PJ. REDDY,J.]                 377 ·

       Applying the above principles, it must be held that the petitioners A
have a right to publish, what they allege to be the life-story/autobiography
of Auto Shankar insofar as it appears from the public records, even without
his consent or authorisation. But if they go beyond that and publish his life-
story, they may be invading his right to privacy and will be liable for"the
consequences in accordance with law. Similarly, the State or its officials B
cannot prevent or restain the said publication. The remedy of the affected
public officials/public figures, if any, is after the publication, as explained
hereinabove.

     The writ petition is accordingly allowed in the above terms. No costs.

T.N.A.                                                   ·Petition allowed.