B. P. Jeevan Reddy, J. - (1.) This petition raises a question concerning the freedom of press vis-a-vis the right to privacy of the citizens of this country. It also raises the question as to the parameters of the right of the press to criticize and comment on the acts and conduct of public officials.
(2.) The first petitioner is the editor, printer and publisher of a Tamil weekly magazine Rs. Nakkheeran', published from Madras, The second petitioner is the associate editor of the magazine. They are seeking issuance of an appropriate writ, order or direction under Art. 32 of the Constitution, restraining the respondents, viz., (1) State of Tamil Nadu represented by the Secretary, Home Department, (2) Inspector General of Prisons, Madras and (3) Superintendent of Prisons (Central Prison), Salem, Tamil Nadu from taking any action as contemplated in the second respondent's communication dated June 15, 1944 and further restraining them from interfering with the publication of the autobiography of the condemned prisoner, Auto Shankar, in their magazine. Certain other reliefs are prayed for in the writ petition but they are not pressed before us.
(3.) Shankar alias Gauri Shankar alias Auto Shankar was charged and tried for as many as six murders. He was convicted and sentenced to death by the learned Sessions Judge, Chenglepat on May 31, 1991 which was confirmed by the Madras High Court on July 17, 1992. His appeal to this court was dismissed on April 5, 1994. It is stated that his mercy petition to the President of India is pending consideration.;