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1988 Supreme(Ori) 110

K.P.MOHAPATRA
JANAKI BALLAV – Appellant
Versus
BENNETT COLEMAN AND CO. LTD. – Respondent


Advocates Appeared:
B.M.PATNAIK, R.MOHANTY, R.PATTANAIK

K. P. MOHAPATRA, J.


( 1 ) IN this petition the plaintiff has prayed for the following reliefs : (i) The suit should be tried in camera; and (ii) To prohibit publication of the proceedings of the trial including evidence of witnesses relating to libellous and obscene matters as well as pleadings, applications, affidavits and documents filed in Court in newspapers, magazines, periodicals, pamphelets, books or otherwise.

( 2 ) IT needs no repetition that the plaintiff, the Chief Minister of Orissa has filed a suit for damages for defamation against the defendants on the grounds that the latter in the offending articles published in some of the issues of the Illustrated Weekly of India (hereinafter referred to as the "weekly") alleged unnatural and perverted sexual behaviour on the part of the former and repeated the allegations in the shape of affidavits or otherwise. On account of the publication of the obscene matters in copies of the magazine which has a wide circulation including at Bhubaneswar, his moral, social and political reputation is in jeopardy. The defendants in their written statements have not denied publication of the materials, but have taken the plea of justificatio






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