ODYSSEY COMMUNICATIONS PVT. LTD. versus LOKVIDAYAN SANGHATANA & ORS.

ODYSSEY COMMUNICATIONS PVT. LTD. versus LOKVIDAYAN SANGHATANA & ORS.

The High Court was in error in issuing the interim order of injunction against exhibition of the TV serial without evidence of grave prejudice to the public and in absence of any statutory or contractual rights asserted by the petitioners; such an injunction could infringe the producer's fundamental right to freedom of expression under Article 19(1)(a).

Parties
Appellant: Odyssey Communications Pvt. Ltd.; Respondent: Lokvidayan Sanghatana; Respondent: Mahila Sangharsha Samiti, Aurangabad (represented by Smt. Anagna Patil); Respondent: Union of India; Respondent: Ministry of Information and Broadcasting, Parliament House, New Delhi; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
19 July 1988
Procedural Posture
Civil Appeal / Appeal Against Interim Injunction Order; Judgment on Appeal
Outcome
Appeal allowed; interim injunction set aside
Legal Topics
Freedom of Expression, Television Broadcasting, Interim Injunction, Public Interest Litigation
Constitutional Law Media Law Freedom of Expression Television Broadcasting Interim Injunction Public Interest Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Odyssey Communications Pvt. Ltd.

Appellant

Lokvidayan Sanghatana

Respondent

Mahila Sangharsha Samiti, Aurangabad (represented by Smt. Anagna Patil)

Respondent

Union of India

Respondent

Ministry of Information and Broadcasting, Parliament House, New Delhi

Respondent

State of Maharashtra

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Injunction Order; Judgment on Appeal

Legal Issues

  1. 1 Whether citizen's right to exhibit films on Doordarshan is part of freedom of expression under Article 19(1)(a)
  2. 2 Whether High Court was justified in issuing an interim injunction against exhibition of a TV serial based on public interest alleging spread of superstitions

Ratio Decidendi

The High Court was in error in issuing the interim order of injunction against exhibition of the TV serial without evidence of grave prejudice to the public and in absence of any statutory or contractual rights asserted by the petitioners; such an injunction could infringe the producer's fundamental right to freedom of expression under Article 19(1)(a).

Court Disposition

Appeal allowed; interim injunction set aside

Orders

  • Interim order of injunction passed by the High Court on 13 April 1988 set aside.
  • No order as to costs.