Court case(1994) 6 SCC 632

Auto Shankar, a prisoner convicted of several murders and awaiting execution, wrote his autobiography in jail, which allegedly described his links with several senior police and prison officials and other public figures. He wanted it published in the Tamil weekly Nakkheeran, of which the petitioner was the editor. The prison authorities and the State government objected; letters were written suggesting that the prisoner had denied writing it and warning the magazine against publication. The editor approached the Supreme Court under Article 32 for a direction restraining the State and the police officials from interfering with the publication.

The Supreme Court recognised a right to privacy, a "right to be let alone", implicit in Article 21: no one may publish anything about a person's private life without his consent, whether truthful or not, except where it is based on public records, including court records. The State and its officials had no authority to impose a prior restraint on the publication; their remedy, if any, arose after publication. In respect of defamation, the Court held, drawing on New York Times v. Sullivan, that public officials cannot sue for damages for acts and conduct relevant to the discharge of their official duties unless they prove that the publication was false and made with reckless disregard for truth; the publisher need only show that he acted after a reasonable verification of the facts. This rule does not apply to the private lives of officials or to judges and Parliament, whose protection lies in contempt and privilege.