Punjab & Haryana High Court, Chandigarh
CitationAIR 1995 SC 264, (1994) 6 SCC 632
CourtSupreme Court of India
Date7 October 1994
Year1995
BenchB.P. Jeevan Reddy, Suhas C. Sen JJ.
Acts/ArticlesArticle 19(1)(a), Article 21
CategoryConstitutional Law

Key Principle Established

Right to privacy is a fundamental right under Article 21. Once a matter becomes part of public record, the right to privacy no longer subsists.

Brief Facts

A Tamil magazine sought to publish the autobiography of a condemned prisoner (Auto Shankar) which contained allegations against public officials. The State sought to restrain publication.

Ratio Decidendi

The Court established the right to privacy as implicit in Article 21 and laid down that no one can publish anything concerning private life without consent. However, once a matter becomes part of public record (court proceedings, government documents), the right to privacy no longer applies.

Impact & Significance

This was the first comprehensive exposition of right to privacy by the Supreme Court, predating K.S. Puttaswamy (2017). It balanced privacy against press freedom and public interest.

Tags & Related Topics

Constitutional Law Article 19(1)(a) Article 21
← Previous Judgment Prem Shankar Shukla v. Delhi Administration
Next Judgment → Ramesh Dalal v. Union of India (Tamas Case)

Related Judgments

1984

Neeraja Chaudhary v. State of M.P.

(1984) 3 SCC 243

Release of bonded labourers without rehabilitation is cruelty. The State must ensure identification, release AND rehabilitation of bonded labourers.

Read Analysis
1986

Sheela Barse v. Union of India

(1986) 3 SCC 632

Children cannot be kept in jails. Directions issued for establishment of juvenile courts, children's homes, and appointment of duty counsel…

Read Analysis
1993

Nilabati Behera v. State of Orissa

AIR 1993 SC 1960

State is liable to pay compensation for custodial death as a public law remedy under Article 32/226, independent of any…

Read Analysis

Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

Need Case Law Research or Legal Representation?

22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.

Call: +919915442266 WhatsApp

Need Legal Assistance?

Contact Advocate Ravinder Singh Dhull for expert legal guidance on your matter.