( 1 ) THIS appeal is directed against the judgement and order dated February 24, 1988* passed by a learned Judge of this Court disposing of a petition under Art. 226 of the Constitution of India. Undisputed facts leading to the filing of the appeal are as under.

( 2 ) THE Late Moulana Abdul Kalam Azad, the great freedom fighter and Statesman, had during his lifetime dictated notes of his varied experiences to Professor Humayun Kabir, the eminent educationist, as to show how India had attained freedom and the part played by him and other leaders in the struggle for freedom. On the basis of the above notes Prof. Kabir composed a book which was approved by Moulana Azad. He (Moulana Azad) however felt that some thirty pages of the book dealing with incidents and reflections of a personal character should not be published for the time being. He therefore directed that a copy each of the completed text should be deposited under sealed cover in the National Archives, New Delhi and the National Library, Calcutta and should be opened thirty years after his death. At the same time he gave approval to the publication of selected substantial portions of the book and