SHEELA BARSE versus STATE OF MAHARASHTRA

SHEELA BARSE versus STATE OF MAHARASHTRA

Journalists and citizens are not entitled to uncontrolled access to prisons for interviews; interviews of prisoners may be permitted but must be subject to reasonable restrictions, regulations, and the willingness of prisoners. Tape-recording interviews is only allowed with special permission. Factual information obtained from interviews should be cross-checked with authorities and only correct information should be disclosed. The right to know and press access to prisons is not absolute and may be withheld for good reason.

Parties
Petitioner: Sheela Barse; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
18 September 1987
Procedural Posture
Writ Petition / Disposal on Merits
Outcome
Petition disposed of
Legal Topics
Access to Information, Freedom of Speech and Expression, Prisoners' Rights, Press Access to Prisons
Constitutional Law Prison Law Media Law Access to Information Freedom of Speech and Expression Prisoners' Rights Press Access to Prisons

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Parties

Sheela Barse

Petitioner

State of Maharashtra

Respondent

Procedural Posture

Writ Petition / Disposal on Merits

Legal Issues

  1. 1 Whether journalists have a right to interview prisoners and tape-record interviews under Articles 19(1)(a) and 21 of the Constitution
  2. 2 Whether withdrawal of interview permission was lawful under the Maharashtra Prison Manual

Ratio Decidendi

Journalists and citizens are not entitled to uncontrolled access to prisons for interviews; interviews of prisoners may be permitted but must be subject to reasonable restrictions, regulations, and the willingness of prisoners. Tape-recording interviews is only allowed with special permission. Factual information obtained from interviews should be cross-checked with authorities and only correct information should be disclosed. The right to know and press access to prisons is not absolute and may be withheld for good reason.

Court Disposition

Petition disposed of

Orders

  • Petitioner may make a fresh application for permission to interview prisoners; such request to be dealt with according to guidelines laid down.
  • No order as to costs.