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1992 Supreme(SC) 452

M.M.PUNCHHI, A.M.AHMADI
Life Insurance Corporation Of India: Union Of India – Appellant
Versus
Prof. Manubhai D. Shah: Cinemart Foundation – Respondent


Advocates:
A.SUBBA RAO, ALPANA KIRPAL, ASHOK AGARWAL, B.K.BRAR, C.V.SUBBA RAO, HEMANT SHARMA, K.T.S.Tulsi, KAILASH VASUDEV, P.D.SHARMA, P.H.Parekh, P.P.Rao

JUDGMENT

AHMADI, J.:—Special leave granted in SLP (C) No. 339 of 1991.

2. These two appeals though arising out of different circumstances and concerning different parties, relate to the scope of our constitutional policy of freedom of speech and expression guaranteed by Art. 19(1)(a) of the Constitution. The importance of the constitutional question prompted this Court to grant special leave to appeal under Art. 136 of the Constitution. We may properly begin the discussion of this judgment by stating the factual background of the two cases in the light of which we are required to examine the scope of the constitutional liberty of speech and expression.

3. Civil Appeal No. 1254/80 arises out of the decision of the Gujarat High Court in Special Civil Application No. 2711 of 1979 decided by a Division Bench on 17th June, 1980 reported in AIR 1981 Gujarat 15. The respondent, the executive trustee of the Consumer Education & Research Centre (CERC), Ahmedabad, after undertaking research into the working of the Life Insurance Corporation (LIC) published on 10th July, 1978 a study paper titled "A fraud on policy holders - a shocking story". This study paper portrayed the discriminatory pract


































































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