The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 LIC wrote a counter article and published it in the daily newspaper "Hindu". The respondent replied to the same in the said newspaper. The member of LIC then published his counter- reply in LIC's house magazine. The respondent requested the LIC to publish his rejoinder also in the said magazine. That request was turned down. On these facts, the re- spondent filed a writ petition before the High Court challenging the action of the LIC, among other things, on the ground that his fundamental right under Article 19 [1] (a) of the Constitution was violate by LIC by refusing to publish his reply. The High Court held that under the pre- text and guise of publishing a house magazine, the LIC cannot violate the fundamental rights of the petitioner. This Court endorsing the view taken by the High Court held that the LIC is 'State' within the meaning of Article 12. The LIC Act requires it to function in the best interest of the community. The community is, therefore, entitled to know whether or not this requirement of the statute is being satisfied in the functioning of the LIC. The respondent's efforts in preparing the study paper was to bring to the notice of the community that the LIC had strayed from its path by pointing out that its premium rates were unduly high when they could be low if the LIC avoided the wasteful indulgences. The endeavour was to enlighten the community of the drawbacks and shortcomings of the LIC and to pinpoint the area where improvement was needed and was possible. By denying to the policy-holders, the information contained in the rejoinder prepared by the respondent, the LIC cannot be said to be acting in the best interest of the community. There was nothing offensive in the rejoinder which fell within the restriction clauses of Article 19 [2]. Nor was it prejudicial to the members of the community or based on imaginary or concocted material. On the basis of the fairness doctrine the LIC was under an obligation to publish the rejoinder. The respondent's fun- damental right to speech and expression clearly entitled him to insist that his views on the subject should reach those who read the magazine so that they have complete picture before them instead of a one-side or distorted picture The Court also pointed out that the attitude of the LIC in refusing to publish the rejoinder in their magazine financed from public funds, can be described as both unfair and unreasonable unfair because fairness demanded that both view-points were placed before the readers and unreasonable because there was no justification for refusing publication. The monopolistic State instrumentality which survives on public funds cannot act in an arbitrary manner on the specious plea that the magazine is an in-house one and it is a matter of its exclusive privilege to print or refuse to print the rejoinder. By refusing to print and publish the rejoinder', the LIC had violated respondent's fundamental right. The Court must be careful to see that it does not even unwittingly' aid the effort to defeat the parties' right. Every free citizen has an undoubted right to lay what sentiments he pleases before the public. Freedom to air one's views is the lifeline of any democratic institution and any attempt to stifle, suffocate or gag this right would sound a death-knell to democracy and would help usher in autocracy or dictatorship. This Court has always placed a broad interpretation on the value and content of Article 19 [1] (a), making it subject only to the restrictions permissible under Article 19 [2]. Efforts by intolerant authorities to curb or suffocate this freedom have always been firmly repelled, more so when public authorities have betrayed autocratic tendencies. The Court then went on to observe: broadly construed to include the freedom to circulate one's views by words of mouth or in writing or through audio-visual instrumentalities. It, therefore, includes the right to propagate one's views through the print media i.e., periodicals, magazines or Indian Kanoon - http://indiankanoon.org/doc/539407/ 12