Judgment

SEN, J. (Majority view) :- This appeal, by special leave, is directed against an order of the M. P. High Court dated Apr. 15, 1978, quashing the prosecution of the respondent, R. K. Karanjiya, Chief Editor, Blitz, for an offence under Section 500 of the Indian Penal Code for publication of a news-item in that paper which was per se defamatory, on the ground that he was protected under Ninth Exception to Section 499 of the Code.

2. During the period of Emergency the appellant, who is a senior lawyer practising at Bhopal, was placed under detention under Section 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 1971 and was lodged in the Central Jail, Bhopal. There were several other detenus belonging to the opposition parties lodged along with him in the same jail, including three lady detenues, viz., Smt. Uma Shukla, Smt. Ramkali Misra, Advocate and Smt. Savitha Bajpai, later State Minister, Public Works Department. The husband of Smt. Uma Shukla, a practising advocate at Bhopal, was not detained. Smt. Shukla was released on parole for a week between June 10 and 18, 1976. On her return to the jail it was found that she had conceived. She was examined on July 30, 19