M. Hasan and another, Petitioners v. Government of Andhra Pradesh and others, Respondents.

N.Y. HANAUMANTHAPPA AND AVINASH SOMAKANT BHATE, JJ.

Constitutien of India, Article 19(1)(a) – Freedom of speech - Petitioner, journalist and videographer seeking interview with condemned prisoners – Refusal by jail authorities - Amounts to deprivation of citizens fundamental right to freedom of speech and expression.

Every citizen has a right to propagate his ideas and views on many aspects through available media without any fear or favour as long as they stand the test of reasonable restrictions. The reasons given by the jail authorities to turn down the request of the petitioners journalist and videographer for interviewing the prisoners  sentenced to death are

(1) if permission is granted it results in campaigning by large number of public for reducing the sentence of the condemned prisoners;

(2) Such exhibition or videograph may result in lowering the position of the Courts;

(3) The prisoners earlier had not expressed their desire to be interviewed. On the other hand, their consent was obtained subsequently;

(4) Reporting in the press or videagraphing the views or feelings of the condemned prisoners cannot be allowed for the reasons of safety and security. The said reasons given by the jail authorities to refuse permission to interview the prisoners do not answer the restrictions declared under Article 19(2) of the Commission of India ... A film, movie, television or videograph are the modes of communicating the views and ideas as such refusal to interview the willing condemned prisoners is quite illegal and unconstitutional ... (For) exercise of fundamental rights ... position of a condemned prisoner is on par with a free citizen of the country. He has a right to give his ideas and he is entitled to be interviewed or to be televis.. (Source: AIR 1998 Andhra Pradesh 35)