AVEEK SARKAR Vs. STATE OF WEST BENGAL
LAWS(SC)-2014-2-11
SUPREME COURT OF INDIA
Decided on
February 03,2014
AVEEK SARKAR
Appellant
VERSUS
STATE OF WEST BENGAL
Respondents
Referred Judgements :-
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RANJIT D UDESHI VS. STATE OF MAHARASHTRA [REFERRED TO]
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Cited Judgements :-
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SHREYA SINGHAL VS. UNION OF INDIA (UOI) [LAWS(SC)-2015-3-72] [REFERRED TO]
HARISH VS. STATE OF DELHI [LAWS(DLH)-2015-7-153] [REFERRED TO]
M.M. ANTONY VS. STATE OF KERALA [LAWS(KER)-2014-10-188] [REFERRED TO]
VALLABHANENI VAMSI MOHAN VS. STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2019-12-36] [REFERRED TO]
FELIX VS. GANGADHARAN [LAWS(KER)-2018-3-406] [REFERRED TO]
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JUDGEMENT
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(1.)A German magazine by name "STERN" having worldwide circulation published an article with a picture of Boris Becker, a world renowned Tennis player, posing nude with his dark-skinned fianc e by name Barbara Feltus, a film actress, which was photographed by none other than her father. The article states that, in an interview, both Boris Becker and Barbaba Feltus spoke freely about their engagement, their lives and future plans and the message they wanted to convey to the people at large, for posing to such a photograph. Article picturises Boris Becker as a strident protester of the pernicious practice of "Apartheid". Further, it was stated that the purpose of the photograph was also to signify that love champions over hatred.
(2.)"Sports World", a widely circulated magazine published in India reproduced the article and the photograph as cover story in its Issue 15 dated 05.05.1993 with the caption "Posing nude dropping out of tournaments, battling Racism in Germany. Boris Becker explains his recent approach to life" Boris Becker Unmasked.
(3.)Anandabazar Patrika, a newspaper having wide circulation in Kolkata, also published in the second page of the newspaper the above-mentioned photograph as well as the article on 06.05.1993, as appeared in the Sports World.
(2.)"Sports World", a widely circulated magazine published in India reproduced the article and the photograph as cover story in its Issue 15 dated 05.05.1993 with the caption "Posing nude dropping out of tournaments, battling Racism in Germany. Boris Becker explains his recent approach to life" Boris Becker Unmasked.
(3.)Anandabazar Patrika, a newspaper having wide circulation in Kolkata, also published in the second page of the newspaper the above-mentioned photograph as well as the article on 06.05.1993, as appeared in the Sports World.
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