IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 4363 of 2009(S) ---------------------------------- PETITIONER: ------------------- M.L.GEORGE, MATTATHIKUNNEL HOUSE, KALLARA SOUTH P.O., VAIKOM, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, STATE OF KERALA, THIRUVANANTHAPURAM. 3. PRADEEP ANAND C.S., PRINTER AND PUBLISHER, 'FIRE MAGAZINE', KALAKAUMUDI PUBLICATIONS PVT.LTD., KALAKAUMUDI GARDENS, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL ADV. SRI.P.A.AHAMMED FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2009 ALONG WITH WPC NO.23282/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C)NO.4363 OF 2009-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF HE MAGAZINE 'FIRE' OF 8/12/2008 EXT.P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AND THE SUPERINTENDENT OF POLICE, KOTTAYAM RESPONDENTS' EXHIBITS: ANNEXURE A TRUE COPY OF THE PROVISIONS OF THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT 1986 VIDE PHQ CIRCULAR 26/94 ANNEXURE B DETAILS OF THE CASES U/S 292, 293, 294 IPC AND SEC.3 & 5 OF THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986 JANUARY 2008 TO SEPTEMBER, 2009 S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) Nos.4363 & 23282 of 2009 ------------------------------------------ Dated this the 26th day of November, 2009 JUDGMENT A.K.Basheer, J. These two writ petitions, which are professedly in public interest, have been filed by two “public spirited persons” with a common prayer to issue a writ of mandamus or such other appropriate writ, order or direction to respondents 1 and 2, namely the State of Kerala, represented by its Secretary, Department of Home Affairs and the Director General of Police, to take immediate stern action against printing, publishing and selling of obscene books and articles in the State in violation of Sections 292, 293 and 294 of the Indian Penal Code and also of the provisions contained in the Indecent Representation of Women (Prohibition) Act, 1986. 2. When these two cases came up for consideration on August 14, 2009, this Court had passed an interim order directing the Director General of Police to file an affidavit as regards the action taken in implementation of the provisions contained in Sections 292, 293 and 294 of the Indian Penal Code and also the relevant provisions under the Indecent Representation of Women (Prohibition) Act. It was further W.P.(C) Nos.4363 & 23282/2009. - 2 - directed that the affidavit shall contain details of the cases registered under the above provisions during the last one year as well as the action taken to effectively prevent commission of such offences, in each district. 3. In the affidavit filed by the Director General of Police it is stated that prompt action was being taken in the matter as and when such instances were noticed. The Director General of Police has referred to Annexure A Circular No.26/1994 issued in this connection in July, 1994. Details of cases registered under Sections 292, 293 and 294 of the Indian Penal Code and Sections 3 and 5 of the Indecent Representation of Women (Prohibition) Act in various districts in the State have also been furnished. We do not, at this stage, propose to refer to the steps which are reportedly being taken by the police in this connection. Suffice it to say, it appears that some action is being taken in the matter. 4. Later, when the writ petitions came for further consideration, learned Government Pleader was directed to find out as to what steps had been taken with regard to the proposal for suitable amendment to Section 292 of the Indian Penal Code as has been done in Tamil Nadu and Orissa. In the affidavit filed by the Additional Chief Secretary (Home) it is stated that the Law Department is processing the W.P.(C) Nos.4363 & 23282/2009. - 3 - above proposal and since a policy decision has to be taken in the matter by the Government, it has been forwarded to the Law Department which is in seisin of the matter. It is further stated that appropriate steps will be taken in the matter without any further delay, at any rate within a period of four months from today. 5. Having heard learned counsel for the parties and having perused the materials available on record, we are of the view that these two writ petitions can be disposed of with a direction to respondents 1 and 2 to implement and enforce the relevant provisions of the Indian Penal Code as well as the Indecent Representation of Women (Prohibition) Act, 1986 referred to above, by taking appropriate necessary action against the culprits in accordance with law. Ordered accordingly. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns