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1997 Supreme(Ori) 95

S.N.PHUKAN, ARIJIT PASAYAT
SRINIVAS MOHANTY – Appellant
Versus
DR. RADHANATH RATH – Respondent


Advocates Appeared:
A.K.Mohapatra, B.D.MISHRA, D.K.PANI, DURGA PRASAD PRADHAN, J.R.RATH, MAITRIJIT MOHANTY, N.Pradhan, P.K.JENA, P.K.Panda, P.S.SAMANTRAI, R.B.Mohapatra, R.N.MISRA, RAMESH CHANDRA SWAIN, S.K.DAS GUPTA, SRINIVAS MOHANTY, V.PRITHIVRAJ

PASAYAT, J.

( 1 ) EXPRESSING concern for the scurrilous manner in which certain news items have been published in two newspapers, one of them being the oldest and most reputed newspaper of the State, these applications have been filed. As the applications involve almost identical prayers they are taken up together for disposal. It is alleged that in the name of freedom of press, and fair reporting of news borders of decency have been over-stapped, and a distorted version has been presented which has lowered the image of judiciary, and therefore, clearly attracts stringent action.

( 2 ) THE Press plays a vital role in the administration of justice. It is the watchdog to see that every trial is conducted fairly, openly and above board. But the watchdog may sometimes break loose and have to be punished for misbehaviour. These words in the Learned Judge Lord Denning, M. R. 's book Road to Justice, (1955) page 78 have become locus classicus. Press occupies a vital place in the modern society. Press in this country has risen to great heights in the past. In the past when we were under foreign domination, press on the one hand awakened human consciousness towards their rights to freedom















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