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2013 Supreme(SC) 976

P. SATHASIVAM, RANJAN GOGOI
Saint Shri Asharam Bapu – Appellant
Versus
U. O. I. – Respondent


Advocate Appeared:
For the Petitioner:Vikas Singh, Sr. Advocate, Anjani K. Singh, Chandra Prakash, Advocates.

Judgment :

The petitioner has approached this Court by way of the writ petition under Article 32 of the Constitution of India praying for writ of mandamus or appropriate writ, order, direction, restraining the respondents as well as media in general from publishing any news report/article in any manner whatsoever, adversely prejudicing the petitioner's right to fair trial and presumption of being innocent until proved guilty before the competent Court of law or in alternative the petitioner has prayed issue writ of mandamus or appropriate writ(s), direction(s) directing postponement of publication of any news report/article in any manner whatsoever, adversely prejudicing the petitioner's right to fair trial and presumption of being innocent until proved guilty before the competent Court of law at least till conclusion of the trial.

We have heard Mr. Vikas Singh, learned senior counsel appearing for the petitioner at length. After taking us through the publication made in certain dailies as well as coverage of electronic media, Mr. Vikas Singh has also relied on various earlier decisions of this Court viz. 1997 (8) SCC 386 para 37 State of Maharashtra Vs. Rajendra Jawanmal Gandhi ;


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Judicial Analysis

[No cases identified as bad law. None of the provided snippets contain keywords or phrases indicating overruling, reversal, abrogation, or similar negative treatments that would render them bad law.]

SUNIL BAGHEL VS STATE OF MAHARASHTRA - 2018 0 Supreme(Bom) 1960: Govt. of NCT of Delhi & Anr., (2013) 136 DRJ 223; and Asharam Bapu v. - Cited alongside another case in a list, suggesting reliance or positive reference as a precedent. The phrasing "and Asharam Bapu v." implies it is being invoked supportively.

Sunil Baghel VS State of Maharashtra - 2018 0 Supreme(Bom) 127: DRJ 223); and Asharam Bapu vs. Union of India & Ors. - Appears as a continuation or parallel citation to SUNIL BAGHEL VS STATE OF MAHARASHTRA - 2018 0 Supreme(Bom) 1960, with "and" indicating joint positive referencing in a legal argument or judgment.

Nilesh Navalakha VS Union Of India - 2021 0 Supreme(Bom) 568: Even in the case of Asaram Bapu vs. ... Petitioner No. 3 - Shri. ... The following paragraphs in the counter affidavit of Shri. - Directly references "Even in the case of Asaram Bapu vs.", using "even" to affirm applicability or draw a supportive analogy, followed by specific evidentiary details, indicating positive treatment.

MUHAMMED BILAL S vs UNION OF INDIA - 2026 Supreme(Online)(Ker) 19731: media reporting - Issued directions regarding media restrictions on reporting pending criminal cases. Reliance is also placed on the dictum laid down in Asharam Bapu v. - Explicitly states "Reliance is also placed on the dictum laid down in Asharam Bapu v.", a clear indicator of positive treatment through direct reliance on its legal principle.

Halvi. K. S VS State of Kerala, Through the Chief Secretary - 2020 0 Supreme(Ker) 566: In Asharam Bapu v. ... A Division Bench of the Madras High Court to which one of us (Hon'ble the Chief Justice Shri. S. - Snippet is incomplete and cuts off mid-sentence. References "In Asharam Bapu v." in a narrative context involving a Division Bench, but lacks keywords indicating specific treatment (e.g., followed, distinguished). Treatment is ambiguous due to truncation; conservatively categorized as uncertain despite potential positive context from judicial discussion.

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