INDIAN PENAL CODE
2014 STPL(Web) 72 SC
Aveek Sarkar & Anr. Vs. State of West Bengal & Ors.
1
2014 STPL(Web) 72 SC
SUPREME COURT OF INDIA
(K. S. RADHAKRISHNAN AND A.K. SIKRI, JJ.)
AVEEK SARKAR & ANR.
Appellants
VERSUS
STATE OF WEST BENGAL & ORS.
Respondents
Criminal Appeal No.902 of 2004-Decided on 3-2-2014.
Quashing of complaint - Obscene photographs – Quashed
JUDGMENT
K. S. Radhakrishnan, J.:- 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 fiancée 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.
4. A lawyer practicing at Alipore Judge’s Court, Kolkata, claimed to be a regular reader of Sports World as well as Anandabazar Patrika filed a complaint under Section 292 of the Indian Penal Code against the
Appellants herein, the Editor and the Publisher and Printer of the newspaper as well as
Aveek Sarkar & Anr. Vs. State of West Bengal & Ors.
1
2014 STPL(Web) 72 SC
SUPREME COURT OF INDIA
(K. S. RADHAKRISHNAN AND A.K. SIKRI, JJ.)
AVEEK SARKAR & ANR.
Appellants
VERSUS
STATE OF WEST BENGAL & ORS.
Respondents
Criminal Appeal No.902 of 2004-Decided on 3-2-2014.
Quashing of complaint - Obscene photographs – Quashed
JUDGMENT
K. S. Radhakrishnan, J.:- 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 fiancée 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.
4. A lawyer practicing at Alipore Judge’s Court, Kolkata, claimed to be a regular reader of Sports World as well as Anandabazar Patrika filed a complaint under Section 292 of the Indian Penal Code against the
Appellants herein, the Editor and the Publisher and Printer of the newspaper as well as