Judgment

Pattanaik, J. - Competing rights, namely, right of press to interview a prisoner in jail and right of jail authorities prohibiting such interview arise for consideration in the present appeal. One Babloo Srivastava, who is in judicial custody and is being tried for offence under Section 302 read with Section 120B had been lodged in Tihar Jail. The news magazine ‘India Today’ moved an application before the Additional Sessions Judge, Delhi seeking permission to interview the under-trial prisoner in jail. The learned Sessions Judge by his order dated 6.11.95 granted the permission sought for. Being aggrieved by the aforesaid order the prosecuting agency moved the High Court in Revision. By the impugned order dated 1st May, 1996, the High Court did not interfere with the order of the learned Sessions Judge granting permission but modified the same by issuing the following directions :-

“However, it is made clear that the interview and/or photographs of Babloo Srivastava would be taken only if he expressed his willingness and not other­wise. If given, the respondent newsmagazine is expected to publish the interview with a sense of propriety and balance and without offending th